Can I Take Sick Leave While on Workers Compensation Brisbane QLD?
Yes, you can take sick leave during workers compensation in Brisbane QLD. This is only legal if the sick leave in question is for a different illness or injury than the initial reason for the compensation (workplace accident, injury, etc).
According to the Fair Work Ombudsman, workers comp only covers time off for your work-related injury, so you can’t use that leave AND sick leave for the same reason. If you want to understand this more clearly, WT Comp Law has constructed this guide to help you.
Key Takeaways
- You can take sick leave while on Workcover if it’s for a different illness and you have a medical certificate.
- Sick leave and annual leave usually keep building up while you’re on workers’ comp in QLD.
- Employers can’t force you to use sick leave instead of workers’ comp or deny it unfairly.
- Other types of leave, like unpaid or parental leave, might stop your leave from building up.
Can You Take Sick Leave While Receiving Workers’ Compensation in QLD?
Yes, you can take sick leave while receiving workers’ compensation (Workcover) in Queensland only if your illness or injury is different from the one covered by your compensation claim. You’ll need a medical certificate for the new condition, and your employer will have to approve your sick leave. You can’t use sick leave for the injury already covered by workers’ compensation.
For this new unrelated illness or unrelated injury, your sick leave balances apply as usual. If you remain off work due to the work-related injury, the workers’ compensation continues to cover your absence. Mixing the two can affect your weekly payments, so check with your employer or a workers’ compensation adviser.
Will Sick Leave Days Keep Accruing During Worker’s Comp?
Yes, sick leave days usually keep accruing while you’re on workers comp in Queensland. However, only if your employment stays active (you return to work). You’re still seen as an employee, so your sick and annual leave often continue to build up during that time. Just remember that your award, agreement, or contract might affect this.
Is Sick Leave Accrual During Workcover Comp Only Legal in QLD?
No, sick leave accrual during Workcover comp is not only legal in QLD. It’s also allowed in South Australia according to the Return to Work Act 2014 (SA) . As long as your job continues during your workers’ comp period. Some agreements may have special rules, so check with your employer or HR to be sure.
What are the Limits to Sick Leave Accrual During Worker’s Compensation in QLD?
There are some limits to sick leave accrual during your worker’s compensation period in QLD. These may include the period stipulations of your contract, how often you’ve taken sick leave, and the duration of the accrual. Check with a legal advisor or your HR representative to get more clarity on your specific situation.
Know how and when to take or accrue annual leave and leave due to illness during a compensation period. To give you an overview of how each situation might work, here’s a quick guide:
| Condition | QLD Position | Notes |
|---|---|---|
| Accrual of Sick Leave | Allowed | Sick leave will accrue while on workers’ comp |
| Duration of Accrual | Unlimited | No statutory cap under QLD legislation |
| Full Time Employment | Accrual continues | Applies whether working or totally incapacitated |
| Part Time or Reduced Duties | Accrual continues | Based on contracted hours or hours worked if on GRTW |
| Concurrent Use of Sick Leave and Compensation | Permitted | Can use sick leave to top up payments |
| Employer Refusal to Accrue Leave | Not permitted | Must comply with state legislation |
| Federal Award Coverage | May have different rules | Commonwealth employees may have limits (eg 45 weeks) |
| Legal Advice Recommended | Yes | To confirm leave entitlements based on your exact employment status |
What are Employer Limits to Denying Sick Leave During Worker’s Comp?
Employers can only deny sick leave during workers’ compensation if your leave is for the same injury covered by workers’ comp. They must accept your leave due to sickness if it’s for a different illness or condition. Your employer can ask for a medical certificate to prove your reason for leave.
They can’t refuse your leave unfairly or punish you for taking sick leave. If you feel unfairly treated, you can get advice from a union or workplace regulator. So if your employer is denying your sick leave while you’re on worker’s comp, ask the following:
- Did you take leave for the same injury covered by workers’ compensation?
- Do you have a medical certificate for the new illness or condition?
- Has your employer explained why they are denying your sick leave?
- Are they refusing leave unfairly or punishing you for taking it?
- Have you spoken to your union or workplace regulator about your rights?
How Do Other Leave Days Affect Accrual During Worker’s Compensation?
Other leave days don’t usually affect your leave accrual during workers’ compensation. They still count as paid days off. If you take annual leave, it continues accrual as long as you remain employed and on workers’ comp. Unpaid parental leave usually pauses leave accrual because it’s unpaid. So, you might not earn sick or paid annual leave during that time.
Other unpaid leaves can also stop accrual. Always check your award or agreement for exact rules and talk to HR if you’re unsure. Here’s a quick breakdown:
| Type of Leave | Accrual Impact During Compensation | Notes |
|---|---|---|
| Annual Leave | Continues to accrue | Considered paid leave while on workers’ compensation |
| Sick Leave | Continues to accrue | QLD law allows sick leave to build up during comp |
| Parental Leave | Usually pauses accrual | Most parental leave is unpaid and does not accrue other leave |
| Long Service Leave entitlements | May continue depending on policy | Check your award or enterprise agreement |
| Unpaid Leave (General) | Accrual usually paused | Leave accrual tied to paid status |
| Public Holidays | No impact on accrual | Not deducted from leave but may not be paid separately |
| Compassionate Leave | Usually does not affect accrual | Depends on whether it is paid or unpaid |
| Community Service Leave | May affect accrual if unpaid | Jury duty may be paid and allow accrual to continue |
Who Can You Contact for Specific Worker’s Comp Advice?
You can contact WT Comp Law for specific worker’s comp advice. Our team has loads of experience with these types of cases, and recognise that each one is distinct in nature. We’ll assess your case regarding compensation law and give you the best advice according to what the law in QLD states.
Can I Take Sick Leave While on Workers Compensation Brisbane QLD? | FAQs
Yes, you can resign while on workers compensation, but it may affect your sick leave accrual. Once you resign, your entitlements like sick leave usually stop building up. Any unused sick leave might not be paid out, so it’s best to check your contract and speak with HR before resigning.
Yes, if your workers compensation payments are topped up with paid sick leave, that portion is usually taxable. The workers compensation part is tax-free, but any sick leave paid on top is treated like normal income and taxed. Always check your payslip and ask your employer or accountant for clear tax details.
No, employers can’t force you to use sick leave instead of receiving workers compensation. If your injury is work-related and accepted under workers comp, that must be your primary cover. Sick leave is only for separate illnesses or if you choose to use it. You have the right to decide.
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Address: Riparian Plaza, Level 38/71 Eagle St, Brisbane City, QLD 4000
Phone: (07) 3924 9544
Email: info@wtlaw.com.au
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