WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 80
WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 80
80 . Effect of leave entitlements; effect on sick leave
(1) Compensation is
payable in accordance with this Act to a worker in respect of any period of
incapacity notwithstanding that the worker has received or is entitled to
receive in respect of such period any payment, allowance, or benefit for
annual leave or long service leave under any Act of the Commonwealth or of the
State, any industrial award under any such Act, or any other industrial
agreement applicable to his employment, and the amount of compensation so
payable shall be the amount which would have been payable to the worker had he
not received or been entitled to receive in respect of such period any such
payment, allowance, or benefit.
(2) A worker is not
entitled to receive from any employer payments for sick leave entitlements for
any period for which he receives weekly payments of compensation for injury
under this Act, and where the first-mentioned payments are made and the
second-mentioned payments are subsequently made in respect of the same period,
the worker shall reimburse to the employer the first-mentioned payments and
the employer shall reinstate the worker’s sick leave entitlements as a
credit to the extent that the worker does so reimburse the employer.
(3) To the extent, if
any, that a worker fails to reimburse an employer as required by subsection
(2), the employer may sue and recover the relevant amount, and to the extent
of recovery the employer shall reinstate as a credit the sick leave
entitlements.
[Section 80 amended: No. 42 of 2004 s. 64 and
147.]