Most, if not all, HR managers encounter moments where they are
asked 'curly' questions by employees in relation to their
leave entitlements. Knowledge is paramount and being prepared is
the best way in which to handle situations and questions such as
these.
To assist you with some basic Q&A's, we've outlined
some of the more common 'curly' leave questions that we
encounter on a regular basis.
Annual Leave
Q. Does annual leave accrue during a period of
workers' compensation?
Section 130 of the Fair Work Act 2009 (Cth) (Act) provides that
an employee is not entitled to accrue annual leave when they are
receiving workers' compensation unless the relevant workers
compensation law in their jurisdiction 'permits' it.
Therefore, whether or not annual leave accrues during a period of
workers' compensation depends on the applicable State or
Territory workers' compensation legislation.
