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.