If you have an injured worker (IW) on an accepted Workers Compensation claim they are entitled to wages for any period that they are certified unfit to work. Annual leave & sick leave during workers compensation varies given workers compensation laws.
Are Injured Workers Entitled to Annual Leave? The workers compensation laws vary for each state and territory as well as Commonwealth employees.
There is no provision in the legislation that prevents an employee from taking Annual Leave whilst on a claim and depending on their certification for work there is potential for an employee to claim both workers compensation payments as well as leave payments.
The entitlement is calculated based on an average of the injured workers earnings for the 12 months prior to the date of injury, irrespective of basis of employment, be that full time or other.
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 can be in the form of an email or letter, with a completed return to work plan that outlines duties and hours in keeping with the medical certificate.
For more information around Annual Leave while on a Workers Compensation, visit the Fair Work website here or contact our workers compensation specialists for assistance specific to your situation.