Can you accrue annual leave, whilst on workers comp?

Can you accrue annual leave, whilst on workers comp?

Are you or have you been on workers compensation and told by your employer you weren’t entitled to accrue annual leave? If so we encourage members to contact the Member Rights Team to discuss this further.

The question of whether a worker continues to accrue leave while they are not working and are receiving workers compensation benefits is unclear. However, it is United Voice’s position that members are entitled to accrue annual leave whilst on workers compensation.

Our position was formed by a recent decision in NSW, where the Full Federal Court determined that the Fair Work Act 2009 (Cth) does not prevent an injured employee in New South Wales from accruing annual leave entitlements whilst on workers compensation. We believe that this decision is relevant to the Tasmanian Workers Rehabilitation and Compensation Act 1988, this position is also held by our sponsors Hall Payne Lawyers.

United Voice members are entitled to a free consultation with Hall Payne Lawyers for workers compensation disputes.  Please call 1800 625 119 and we will organise a referral.

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