South Australian Consolidated Acts South Australian Consolidated Acts40—Weekly payments and leave entitlements
(1) Subject to
subsection (3), neither the liability to make weekly payments to a worker
in respect of a period of incapacity nor the amount of such weekly payments is
affected by a payment, allowance or benefit for annual leave or long service
leave to which the worker is entitled in respect of that period.
(2) Where a worker is
absent from employment in consequence of a compensable disability, the period
of absence shall for the purposes of computing the worker's entitlement to
annual leave or sick leave under any Act, award or industrial agreement, be
counted as a period of service in the worker's employment.
(3) Where a worker has
received weekly payments in respect of total incapacity for work over a period
of 52 weeks or more, the liability of the employer to grant annual leave to
the worker in respect of a year of employment that coincides with, or ends
during the course of, that period shall be deemed to have been satisfied.
(4)
Subsection (3) does not affect the obligation of an employer to make a
payment in the nature of an annual leave loading.
(5) Where—
(a) the
entitlement of a worker to annual leave, or payment in lieu of annual leave,
is governed by a law of the Commonwealth or a State or Territory of the
Commonwealth (not being this State); and
(b) the
worker is absent from employment in consequence of a compensable disability;
and
(c) the
period of absence is not taken into account as service for the purpose of
calculating the worker's entitlement to annual leave or payment in lieu of
annual leave,
the worker is entitled by way of compensation to the monetary value of the
annual leave that would have accrued if the worker had not been absent from
employment.
(6) Any compensation
payable under subsection (5) shall be paid when the annual leave, or the
payment in lieu of annual leave, would (assuming that the worker had not been
absent from employment) have been granted or made.