Are you receiving WorkCover compensation as an employee in Queensland? If so, it can be confusing to understand how this affects your various leave entitlements and payments.
Read on for a comprehensive overview of holiday and leave entitlements, including annual leave, sick or carer's leave, public holiday pay, and other types of leave such as bereavement and parental leave.
Annual Leave
In Queensland, employees on WorkCover continue to accrue annual leave as if they were working normally. This is stipulated under the Workers' Compensation and Rehabilitation Act 2003, which ensures that the entitlement to take or accrue annual leave is not restricted by the period of compensation.
This means that employees continue to accrue annual leave while on WorkCover. They can also take paid annual leave while on WorkCover, receiving both their annual leave pay and workers' compensation payments concurrently.
Sick/Carer's Leave
Similar to annual leave, sick leave also continues to accrue during the period an employee is on WorkCover in Queensland. This ensures that employees do not lose their sick leave entitlements due to injury or illness.
Sick leave accrues as normal during WorkCover, and employees can also take sick leave during this time. If the sick leave payment is higher than the workers' compensation payment, they will receive the difference.
Public Holiday Pay
Employees on WorkCover are not entitled to receive public holiday pay – so if a public holiday occurs during the period an employee is on workers' compensation, they will not receive additional pay for that day.
Long Service Leave
Employees in Queensland continue to accrue long service leave and can take long service leave for the duration of their WorkCover. This is in line with the provisions of the Workers' Compensation and Rehabilitation Act 2003, which ensures that long service leave entitlements are not affected by the period of compensation.
Bereavement Leave
Bereavement leave, also known as compassionate leave, is typically granted to employees to deal with the death of a family member or close relative. While on WorkCover, employees are still entitled to bereavement leave under the National Employment Standards (NES). This leave is usually two days per occasion and can be taken as paid leave if the employee has an entitlement to it.
Parental Leave
Employees on WorkCover can take unpaid parental leave if they meet the eligibility criteria under the NES. This includes maternity, paternity, and adoption leave. The eligibility criteria generally require that the employee has been employed for at least 12 months before the expected date of birth or adoption.
Community Service Leave
This includes leave for jury service or voluntary emergency management activities. Employees on WorkCover are entitled to take community service leave as per the NES.
Superannuation
While on WorkCover, superannuation contributions are generally not made unless specified by an award or registered agreement. Employees should check their specific award or agreement to determine if they are entitled to superannuation contributions during their period of workers' compensation.
Understanding your leave entitlements while on WorkCover is essential to ensure you receive all the benefits you are entitled to. Always refer to the relevant legislation and consult with your employer or legal advisor to clarify your specific entitlements.
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