Holiday and Leave Entitlements While on WorkCover

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.

Due I accrue holiday while on WorkCover?

Yes. Holiday pay still accrues as normal while on WorkCover leave in Queensland.

Can I take paid holiday (accrued leave) while on WorkCover?

Yes, you are still entitled to take paid holiday leave that has been accrued while on WorkCover leave

Do I still accrue long service leave while on WorkCover?

 Yes, you still accrue any long service entitlements that you would normally be entitled to.

Does WorkCover pay superannuation?

Superannuation is usually not paid while an employee is on WorkCover. However, there are exceptions to this.

Get in touch with Smith's Lawyers experts if you have doubts regarding your rights under WorkCover leave. You can find us in Brisbane, Gold Coast, and Sunshine Coast. You can also call us on 1800 960 482.


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Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.

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