WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 40

This legislation has been repealed.

WORKERS REHABILITATION AND COMPENSATION ACT 1986 - SECT 40

40—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 injury, 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 injury; 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.