If you are on workers compensation then you may be wondering what happens to your leave entitlements including holiday pay. The rules for this vary state by state, the information below relates to Queensland.
The legislation in Queensland relating to taking and accruing leave is the 'WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 119A'. This section of the act states that "119A Compensation entitlement does not restrict taking or accrual of leave". More specifically, "(2) The worker is entitled to take or accrue annual leave, sick leave and long service leave under an Industrial Act or industrial instrument during the period to which the compensation relates."
Your rights relating to holiday and leave entitlements while on WorkCover / workers compensation in Queensland are shown below. In general lines, these take in consideration the regular payments you'd be entitled to if you were not injured.
Yes. Holiday pay still accrues as normal while on WorkCover leave in Queensland.
Yes, you are still entitled to take paid holiday leave that has been accrued while on WorkCover leave
Yes, you still accrue any long service entitlements that you would normally be entitled to.
Superannuation is usually not paid while an employee is on WorkCover. However, there are exceptions to this.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
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