If you are an injured worker in receipt of workers compensation and continue to be employed, you should be aware that you have a right to continue to accrue your leave entitlements.
This is true regardless of whether you have partially returned to work or are completely unable to return to work due to your injury.
The law provides for employees in receipt of workers compensation to accrue annual leave and long service leave whilst they are in receipt of compensation benefits. Employees cannot accrue sick leave during workers compensation and don’t get their full public holiday rate (they are paid their normal entitlement in accordance with the worker’s compensation rate).
In New South Wales workers are entitled to take annual leave whilst receiving workers compensation weekly payments. Employees should get paid for both the annual leave and the worker’s compensation payment.
Although a worker may not accrue sick leave, they may take sick leave if the rate is higher than their usual payment of weekly compensation. That is any payment of sick leave will be the difference between sick pay and workers compensation.
If you have been on workers compensation and indeed accruing your additional leave entitlements, your employer will be required to pay out any accrued leave upon termination of your employment, or if you resign. In this case, you may be required to provide notice. Prior to doing so, you must seek legal advice.
If you are an injured worker that has, or may be, terminated from employment, please read my article on Protection of your Employment whilst on Workers Compensation Benefits for more details.
We encourage all employees who have been absent from work due to an injury and receiving workers compensation to review their employment records. It is important to ensure that any worker has been and continues to accrue their leave during a compensation period.
Kells believe it is important for injured workers to receive their full entitlements. Please do not hesitate to contact our compensation team if you believe a mistake has been made and you have not properly received your leave entitlements.
This article was written by Lawyer, Natalee Davis.