Do I have rights to annual leave while on workers' compensation?

Do I have rights to annual leave while on workers' compensation?

Until relatively recently, the law was somewhat unclear as to whether an injured worker receiving weekly payments of compensation is entitled to take or accrue annual leave.

Part of the confusion was caused by the governing worker's compensation legislation in Victoria (Accident Compensation Act 1985 (Vic) and Workplace Injury and Compensation Act 2013 (Vic)) being relatively quiet on the issue. It was further complicated by seemingly contrary clauses in the Fair Work Act 2009 (Cth).

Case study

The cause of Australian Nursing and Midwifery Federation v Alfred Health (C2016/5980) (C2017/591) revolved around whether an ANMF member was entitled to take or accrue annual leave while she was absent for work due to her workplace injury. During this period of time, the ANMF member was in receipt of weekly payments of compensation.

In this case, it was ultimately found that under both Fair Work Act and Victorian Workers Compensation legislation, the member was permitted to take or accrue annual leave whilst in receipt of weekly payments of compensation.

Accordingly, injured workers can now feel encouraged and reassured that they now have an additional financial protection while in receipt of worker's compensation.

For free advice direct from a personal injury lawyer, call (03) 9321 9988.

No Win, No Fee. No Uplift Fee.

Our No Win, No Fee and No Uplift Fee arrangement means you will only pay legal fees if your claim is successful. *Conditions apply

Learn more

Call and speak to our legal team

At Redlich’s our legal team answer the phone so that you receive free legal advice straight away. No Win, No Fee. No Uplift Fee.

Redlich's Work Injury Lawyers

Redlich's Work Injury Lawyers is a division of Holding Redlich © 2024
Level 23, 500 Bourke Street, Melbourne, 3000

Read our privacy policy

Provide feedback

Redlich's Work Injury Lawyers respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.