Workers Compensation & Annual Leave

[Stephanie1979]

Hi HR Buzz

Just wondering if you can give me some advice........we have a worker who was injured just prior to Xmas. The injured worker was deemed unfit for work over the xmas and NY period (he had a certificate to cover the period). Every year we have an annual shut down, therefore this worker was well aware that they would be taking annual leave over xmas and NY. Does anyone know if this worker should be paid annual leave or workers compensation for this period. I am receiving conflicting advice from the agent, worksafe and an employer industry group! So I thought I would ask for your thoughts!
Thanks Stephanie.

[HeidiC]

Hi Stephanie,

I believe he should be on Worker's Compensation. The company has a duty to support the employee during this time and he should not be disadvantaged in anyway while unfit for work. If he was deemed fit for work during the shut down, only then should annual leave be deducted.

Heidi C

[HRbeat]

I agree...but you should really check what your legislation says. Worker's Rehabilitation and Compensation Act in SA definitely provides for the employee being on Worker's Comp during the period.

However, the worker's comp claim should be accepted first. If it is rejected, then the employee should be either on sick leave or annual leave. If there is not enough entitlements, it will be unpaid leave.