Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) Subject to subsection (1A), where an employee who is entitled to long service leave ceases to be an employee otherwise than by death, the employer is to pay to the employee the amount payable under section 11 for a period equal to the period of his or her long service leave credit at the time he or she ceases that employment.
(1A) Where an employee who is entitled to long service leave ceases to be an employee by reason of serious misconduct, the employer shall pay to the employee, in lieu of long service leave, an amount not less than the amount that would be payable to the employee under section 11 for his or her long service leave credit at the time he or she ceases that employment (if any) in respect of:
(a) where the employee has completed not less than 10, but less than 15 years, of continuous service with the employer, the completed period of 10 years continuous service only; and
(b) where the employee has completed not less than 15 years of continuous service with the employer, completed periods of 5 years continuous service only.
(2) Where an employee whose period of employment is less than 10 years but not less than 7 years ceases to be an employee of that employer, otherwise than by death:
(a) on or subsequent to attaining the age at which he or she may retire;
(b) on the termination of employment by the employer for a reason other than serious misconduct; or
(c) on account of illness, incapacity or domestic or other pressing necessity of such a nature as to justify so ceasing to be an employee,
the employer shall pay to the employee the amount payable under section 11 for a period equal to 1.3 weeks for each completed year of service of that employment.
(3) Where an employee dies and would have been entitled to payment under subsection (1) or (2) had he or she otherwise ceased to be employed on the date of death, the employer shall, on the request of the personal representative of the employee, pay to the personal representative the amount that would have been payable to the employee under those circumstances.
(4) Except as provided by this section, an employer shall not pay to an employee, and an employee shall not accept, any amount in lieu of long service leave to which the employee is entitled under this Act.