Northern Territory Consolidated Acts

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LONG SERVICE LEAVE ACT 1981 - SECT 8

Long service leave entitlement

    (1)     Subject to this Act, where an employee has been employed by an employer for not less than 10 years continuous service, the employee is entitled to long service leave, on pay calculated under section 11, for a period of 1.3 weeks for each completed year of continuous service with the employer.

    (2)     Where an employee has been employed by an employer for a period of 10 years of continuous service, the employee is entitled to take long service leave for a period equal to 1.3 weeks for each completed year of that 10 years continuous service.

    (3)     Where an employee has completed a period of 10 years of continuous service with an employer referred to in subsection (1), the employee becomes entitled to take long service leave on the completion of each subsequent period of 5 years continuous service with that employer for a period equal to 1.3 weeks for each completed year of that 5 years continuous service.

    (4)     Subject to subsection (5) and section 13, an employee who is entitled to long service leave under this Act shall not be entitled to benefits in the nature of long service leave in respect of his or her employment with his or her employer otherwise than under this Act.

    (5)     The Minister may approve, subject to such conditions as he or she thinks fit, an agreement between an employee and his or her employer in respect of the entitlement of the employee to benefits in the nature of long service leave in respect of the employee's employment with that employer where the Minister is satisfied that those benefits are not less favourable than those provided under this Act.

    (5A)     The Minister may revoke, subject to such conditions as he or she thinks fit, in whole or in part, an approval under subsection (5) of an agreement referred to in that subsection.

    (6)     Subject to subsections (5) and (7) and section 13 , where an employee is entitled to long service leave under this Act, an agreement referred to in subsection (5) and approved under that subsection, or a scheme referred to in section 13 to which an exemption under that section relates, his or her employer shall grant and the employee shall take the long service leave to which he or she is entitled:

        (a)     as soon as practicable after the leave has accrued, having regard to the needs of the employer's business, or commencing on and from a date that is agreed upon between the employer and employee; and

        (b)     in one continuous period or, where the employer and employee agree, in separate periods not exceeding 3, of not less than 4 weeks each.

    (7)     Unless the employee otherwise agrees, an employer shall give to an employee not less than 2 months notice of the date from which it is proposed that the employee's long service leave shall be granted and taken.

    (8)     Where an employee has been granted a period of long service leave in accordance with this section, the amount of long service leave due to that employee is reduced by the period of the leave so granted.



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