Workers Compensation & Annual Leave: What You Need to Know
If you’re receiving weekly payments under the Return to Work Act 2014 (SA) and thinking about taking a break or going on holiday, you might be wondering:
Will my payments stop if I go away?
The answer depends on whether you apply for and take annual leave and whether you’re certified as totally or partially unfit for work. It’s important to know your rights before you make any decisions that could affect your compensation.
Can My Weekly Payments Be Stopped If I Take Annual Leave?
Yes, but only in certain situations. The law says that if you apply for, and take, a period of annual leave, the Insurer can suspend your weekly payments during that time. This is because you’re receiving paid leave through your employer, so the Insurer may stop your compensation payments for that same period.
But here’s the key:
This only applies if you actively choose to apply for and take annual leave. If you’re just going away for a break and don’t apply for leave this rule doesn’t apply.
If you are totally unfit for work, you are not required to use your annual leave just because you’re going on a holiday while on workers compensation.
What If I’m Still Totally Unfit for Work?
If your doctor says you are totally unfit for any work, your weekly payments should not be stopped just because you’re going on a holiday. As long as you are certified as unfit, and you haven’t applied for leave, your entitlements should continue.
What If I’m Cleared for Light Duties?
If you have partial capacity for work, things are a little different. If there are suitable duties available and you’ve been cleared to do them but you choose not to (for example, you go on holiday instead) then your payments can be stopped. In this situation, you may need to use your own annual leave to cover your time away. Otherwise, the Insurer can argue that you’re choosing not to work when you’re able, and they may suspend your payments.
You Can’t Appeal This Decision
One of the most important things to understand is that if the Insurer suspends your payments because you applied for and took annual leave under Section 50(7) of the Return to Work Act, that decision cannot be reviewed or appealed under the usual process. That means you can’t take the matter to the SA Employment Tribunal (SAET), even if you think the decision is unfair. That’s why it’s critical to understand your situation before applying for (or not applying for) leave.
Key Takeaways for Injured Workers
- You can still go on a holiday without taking annual leave if you’re totally unfit for work.
- Your payments can only be suspended if you apply for and take annual leave.
- If you are totally unfit for work, your payments should continue (unless you choose to take leave).
- If you have partial capacity, your payments can be stopped if you’re not doing the duties you’re fit to perform so taking leave may be necessary.
- You can’t appeal a decision to stop payments under this rule regarding annual leave.
If Your Payments Are Stopped, Get Legal Advice Immediately
If the Insurer suspends your weekly payments while you’re away or if you’re unsure about your rights, it’s important that you get in touch with us right away. A quick call could make all the difference in keeping your income secure. Please also note there are also different reporting requirements which apply to how much information you need to tell the Insurer if your proposed holiday is overseas and for more than 28 days. So it’s even more important to get advice if that’s where your trip is taking you.
Get in Touch
Tindall Gask Bentley has a dedicated Workers Compensation team highly experienced at assisting people to navigate the Workers Compensation claim and Return to Work process. We work hard to fight in your corner and protect your rights. Contact us if you are considering taking annual leave, or if you need help on any aspect of a work related injury.
Call us – (08) 8212 1077
Email Denise – dabfalter@tgb.com.au
Fill out our brief enquiry form –work related injuries