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ARTICLE · 10 SEPTEMBER 2020

I receive workers compensation weekly payments. Can I also receive maternity leave?

The Commission confirmed that injured workers can receive maternity leave payments while receiving workers compensation.

AustraliaEmployment and HR

Weekly payments are paid when an injured worker is unfit to perform their pre-injury or other suitable employment as a result of the injury they have suffered.

So what happens to your weekly payments when you are unable to work because of your injury, but also because you are pregnant or have recently had a child that requires care?

Parental leave (incorporating maternity leave, paternity and partner leave, and adoption leave) is an allowance or benefit provided to employees who have worked for their employers for a specific amount of time.

The workers compensation legislation specifically deals with weekly payments and annual leave, long service leave, holiday leave and sick leave, however is silent on whether an injured worker can receive parental leave payments while also receiving weekly payments.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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