Annual leave is a core entitlement under the Fair Work Act 2009, designed to give employees rest and recovery. However, when an employee is injured and receiving workers’ compensation, the rules around annual leave change.
Are Injured Workers Entitled to Annual Leave? The workers compensation laws vary for each state and territory as well as Commonwealth employees.
Employees on a claim may take annual leave, and with certification, receive both compensation and leave payments.
Entitlement is based on the injured worker’s average earnings over the 12 months before injury, regardless of employment type.
If an employee is certified fit for suitable duties but there are none available, then they are deemed unfit and entitled for wages as if they were certified unfit.
If you have a casual employee that takes annual leave whilst they are certified fit to work suitable duties, then they can claim workers compensation payments unless they have received a formal offer of duties.
This may be an email or letter with a return?to?work plan outlining duties and hours per the medical certificate.