Workers Compensation and Leave Entitlements in Queensland

Workers Compensation and Leave Entitlements in Queensland

When you are injured at work in Queensland, you may be entitled to receive workers compensation benefits from WorkCover Queensland. Receiving the weekly benefits can relieve some of the financial pressure of being injured. However, many injured people are also concerned about what happens with their leave entitlements during this time.

While you are receiving compensation from WorkCover Queensland, your employment will generally continue as usual (unless your employment is formally terminated). It is important to note that leave entitlements will differ depending on the state/territory you work or are injured in.

Annual Leave

In Queensland, you will continue to accrue annual leave while receiving benefits from WorkCover. Your annual leave will accrue as though you are working normally. The Workers Compensation and Rehabilitation Act 2003 ensures that an injured worker is entitled to take and accrue annual leave during the period you receive compensation. While you can accrue annual leave entitlements while receiving WorkCover payments, if you were to take annual leave while on WorkCover, your payments will be suspended. WorkCover treat annual leave payments as wages.

Sick/Carer’s Leave

Sick/Carer’s leave will also continue to accrue for the period that you receive compensation from WorkCover Queensland. While it may not always be necessary to do so, injured employees are able to take sick leave while in receipt of workers compensation.

Long Service Leave

While receiving workers compensation payments in Queensland, your long service leave will continue to accrue.

Compassionate Leave

Employees will generally use compassionate leave/bereavement leave to handle the death of a family member. Injured workers are still entitled to compassionate leave while in receipt of workers compensation payments. Entitlement to this leave will depend on the individual employer, however you may be able to take this as paid leave.

Parental Leave

In Queensland, an injured employee can take unpaid parental leave including maternity, paternity and adoption leave while in receipt of workers compensation benefits. Your entitlement to utilise parental leave will depend on your employer and you will typically need to be employed for a specific period before the expected date of birth or adoption. 

Payments made by the government for paid parental leave are not treated as wages. However, employer-paid maternity leave is to be declared as wages by WorkCover. Accordingly, you cannot receive WorkCover entitlements and employer-paid maternity leave at the same time.

Public Holiday Pay

In Queensland, an injured employee is not entitled to receive public holiday pay in the period they are receiving workers compensation payments.

Conclusion

It is essential to understand your leave entitlements while you are receiving benefits from WorkCover Queensland. You should be referring the relevant legislation and clarifying any questions or concerns with your employer, a legal adviser or the Fair Work Ombudsman.