Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts10. Section 12 of the Principal Act is amended by omitting subsection (5) and substituting the following subsection:
“(5) Where, on the date specified in a notice under subsection (1), the employee to whom the notice was given is not entitled to annual leave under this Act or is entitled to part of an annual leave, the employee—
(a) shall absent himself or herself from his or her employment during the period specified in the notice;
(b) is entitled to payment from his or her employer of an amount equal to the ordinary remuneration the employee would have received in respect of that part of the period referred to in paragraph (a) that is equal to the sum of—
(i) the part of an annual leave (if any) to which the employee is entitled;
(ii) a period equal to—
(A) 
; or
(B)
in the case of a shift-worker— 
;
of the period of the employment of the employee during the current year of employment; and
(iii) any public or award holidays that are observed during the period referred to in paragraph (a); and
(c) is entitled to receive from his or her employer an amount calculated in accordance with the formula—
where—
AP is the amount payable to the employee under subsection 6 (2) if the employee had been entitled to annual leave;
SP is the period equal to the sum of the periods referred to in subparagraphs (b) (i) and (ii);
AL is the period of the annual leave to which the employee would have been entitled if, immediately before the date specified in the notice, the employee had completed a year of employment.”.