At PK Simpson, we’re committed to ensuring workers receive the compensation and benefits they’re entitled to. One area that often causes confusion is the accrual of annual leave while on workers’ compensation. This blog post will clarify the laws in New South Wales (NSW), explain your employer’s obligations, and guide you on what to do if you haven’t been given your rightful annual leave.
Understanding the Law in NSW
In NSW, the Workers Compensation Act 1987 governs annual leave accrual whilst on workers’ compensation. The key points are:
- Workers continue to accrue annual and long service leave whilst on workers’ compensation & you remain employed.
- If you are terminated, then entitlements to accrue annual and long service leave ceases.
- Depending on your industry and individual circumstances exceptions can apply.
Section 49 of the Workers Compensation Act 1987 (NSW) enables injured workers to receive compensation payments for their injuries even when they have already accrued benefits, such as annual leave, which they could use to recover from their injury.
Termination of employment does not mean that your weekly payments will cease. Weekly payments will be paid directly from the insurer.
Your Employer’s Responsibilities
Employers have specific obligations regarding annual leave accrual for workers on compensation:
- Accurate record-keeping: Employers must maintain precise annual leave accrual records, including during workers’ compensation periods.
- Transparent communication: Employers should inform workers about their annual leave entitlements and any changes to accrual during their compensation period.
- Proper calculation: When a worker returns to work or terminates their employment, the employer must correctly calculate and provide any accrued annual leave.
- Compliance with relevant laws: Employers must adhere to the specific regulations in NSW regarding annual leave accrual during workers’ compensation periods.
- Fair treatment: Employers should not discriminate against employees receiving workers’ compensation payments by denying them their rightful annual leave entitlements.
What to Do If You Haven’t Been Given Annual Leave
If you believe your employer has not provided you with the annual leave on workers compensation, take the following steps:
- Review your entitlements: Familiarise yourself with the relevant laws in NSW to understand your rights.
- Gather documentation: Collect all relevant paperwork, including payslips, leave records, and workers’ compensation claim documents.
- Communicate with your employer: Raise the issue with your employer or HR department, explaining your understanding of your entitlements and requesting clarification.
- Seek professional advice: If your employer is unresponsive or disputes your claim, consult with experienced workers’ compensation lawyers like PK Simpson.
- Lodge a complaint: If necessary, file a complaint with the relevant authority such as SafeWork NSW or the Workers Compensation Independent Review Office (WIRO).
- Consider legal action: If other avenues fail to resolve the issue, you may need to pursue legal action to recover your entitlements.
Other Types of Leave While on Workers’ Compensation
It is also important to understand the other types of leave while on workers’ compensation including sick leave and long service leave;
Long Service Leave
In NSW, an injured worker absent from work on workers’ compensation continues to accrue long service leave hours at the same rate as they would pre-injury. This is protected under both section 49 of the Workers Compensation Act and the Long Service Leave Act 1995 (NSW).
Sick Leave
In NSW, an injured worker does not accrue sick leave whilst on workers’ compensation. However, you are entitled to receive sick leave payments only if your weekly rate of payment for sick leave is higher than your weekly payments for workers’ compensation. In that case, you will be paid the difference between the value of your worker’s compensation payments and your sick leave entitlement.
Public Holidays
You are not entitled to payments for public holidays while receiving worker’s compensation payments in NSW.
The Importance of Protecting Your Rights
At PK Simpson, we’ve seen countless cases where workers have been shortchanged on their annual leave entitlements while on compensation. It’s crucial to understand that being on workers’ compensation doesn’t negate your right to accrue annual leave, at least for a specified period.
Annual leave is more than just a benefit; it’s a vital part of maintaining work-life balance and supporting mental health, especially when recovering from a workplace injury. Ensuring you receive your full entitlements can make a significant difference in your overall well-being and financial stability.
After 6 months if an employee has not returned to pre-injury duties, the employer is legally entitled to terminate an employee.
How PK Simpson Can Help
Navigating the complexities of workers’ compensation and annual leave entitlements can be challenging, especially when you’re focusing on recovery. That’s where we come in. At PK Simpson, our experienced lawyers specialise in workers’ compensation cases and can:
- Assess your situation and explain your rights
- Communicate with your employer on your behalf
- Gather necessary evidence to support your claim
- Represent you in negotiations or legal proceedings
- Ensure you receive all the benefits and entitlements you deserve
Contact PK Simpson Today
Don’t let confusion or misinformation deprive you of your rightful annual leave. If you’re on workers’ compensation in NSW and have concerns about your annual leave accrual, contact PK Simpson today. We’re here to fight for your rights and ensure you receive the compensation and benefits you’re entitled to under the law.
Remember, your focus should be on recovery and returning to work. Let us handle the legal complexities while you concentrate on getting better. With PK Simpson on your side, you can rest assured that your interests are being protected every step of the way.