Annual leave while on workers compensation
Section 116 of the Safety Rehabilitation and Compensation (SRC) Act restricts a worker from taking any paid leave (except maternity leave) while they are on workers compensation leave. Compensation leave includes periods of total incapacity as well as periods of a Graduated Return To Work (GRTW).
In some circumstances annual leave while on a Graduated Return to Work Program will be approved. Requests for annual leave will be considered case by case.
Your Rehabilitation Case Manager must approve any request for annual leave while you are on a GRTW. Before you make any plans, you should discuss requests with your Rehabilitation Case Manager, who will consult with your supervisor before making a decision.
Personal leave while on workers compensation
If you are on a GRTW and cannot attend work because of an illness or injury unrelated to your compensable condition, you can claim personal leave for the hours you would have attended work on your GRTW.
You are normally a full time worker but have returned to work on a GRTW and are working 20 hours per week. That is, you work five days per week for four hours per day. You catch a bad cold and cannot attend work for three days. Your personal leave is deducted at four hours per day.
Note. If you are on Total Incapacity (TI) and you become ill or injured then you do not claim personal leave until you have recovered from your compensable injury.
Leave entitlements past 45 weeks on workers compensation
- If you are on Total Incapacity (TI) then you will NOT accrue any annual leave.
- If you are on a Graduated Return To Work (GRTW), your annual leave will accrue pro-rata the number of hours where you are at work.
- Personal leave does not accrue past 45 weeks and is accrued on a pro-rata basis for GRTW past 45 weeks.
- Long service leave is unaffected.
- Superannuation is unaffected.
Applying for leave
The following steps apply if you are on a GRTW and intend to take approved annual leave or have taken personal leave.
Step 1: Complete the Leave Application Form available for download from the 'Reference documents' box above (do NOT apply for leave via HORUS)
Step 2: Obtain your supervisor's signature.
Step 3: Return the completed leave application to your Rehabilitation case manager for processing to ensure the correct number of hours is deducted from your accruals.