If you are an injured worker in receipt of workers compensation
and continue to be employed, you should be aware that you have a
right to continue to accrue your leave entitlements.
This is true regardless of whether you have partially returned
to work or are completely unable to return to work due to your
injury.
The law provides for employees in receipt of workers
compensation to accrue annual leave and long service leave whilst
they are in receipt of compensation benefits. Employees cannot
accrue sick leave during workers compensation and don't get
their full public holiday rate (they are paid their normal
entitlement in accordance with the worker's compensation
rate).
In New South Wales workers are entitled to take annual leave
whilst receiving workers compensation weekly payments. Employees
should get paid for both the annual leave and the worker's
compensation payment.
