Institute of Certified Bookkeepers

Source: FWO – Annual leave & sick leave during workers compensation

Annual leave & sick leave during workers compensation

Workers compensation laws are different for:

  • each state and territory
  • Commonwealth employees.

Does annual leave accumulate during workers compensation?

NSW, Qld, Tas, Vic and WA

Yes. Annual leave accumulates during workers compensation.

SA

Usually, annual leave accumulates during workers compensation.

The rules are different for employees if they're totally incapacitated on workers compensation for 52 weeks or more.

Annual leave for these employees is treated as having been taken and paid for by the workers compensation payments. However, employees that get annual leave loading under an award or agreement, still get paid the loading for the period of annual leave that is treated as having been taken and already paid.

ACT and NT

No. Annual leave doesn't accumulate during workers compensation.

Commonwealth employees

Annual leave can accumulate for 45 weeks only.

Does sick leave accumulate during workers compensation?

Qld and SA

Yes. Sick leave accumulates during workers compensation.

ACT, NSW, NT, Tas, Vic and WA

No. Sick leave doesn't accumulate during workers compensation.

Commonwealth employees

Sick leave can accumulate for 45 weeks only.

Can annual leave be taken during workers compensation?

NSW, Qld, Tas, Vic and WA

Yes. Annual leave can be taken during workers compensation.

In most states, employees get paid for both the annual leave and workers compensation.

In Tasmania, employees won't get paid for workers compensation at the same time they're being paid for annual leave.

SA

In South Australia, annual leave can be taken or paid out.

Employees who have been on workers compensation with total incapacity for 52 weeks or more can't take annual leave. This is because their accumulated annual leave is treated as having been taken and paid for by the workers compensation payments.

ACT and NT

No. Annual leave can't be taken during workers compensation.

Commonwealth employees

No. There are some exceptions for members of the defence forces.

Can sick leave be taken during workers compensation?

NSW and Qld

Yes.

In New South Wales if sick pay is higher, payment is the difference between the sick pay and workers compensation.

ACT, NT, SA, Tas, Vic and WA

No. Sick leave can't be taken during workers compensation.

Commonwealth employees

No. There are some exceptions for members of the defence forces.

Employees returning to work

Some employees on workers compensation return to work on reduced hours and/or alternative duties while recovering from an illness or injury.

Employees returning to work will accumulate annual leave and sick leave for the hours that they actually work. They can also take annual leave and sick leave for those hours.

This applies to employees in all states and territories.

Some employees who return to work on reduced hours also accumulate annual leave and/or sick leave for their workers compensation hours. Please see information about accumulating annual leave and sick leave above.

  • 31st January, 2019
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