Can I take annual leave while on workers compensation in NSW?

In New South Wales (NSW), Australia, you can take annual leave while on workers' compensation, but there are specific considerations and implications to be aware of.

1. Employer Approval: You must get approval from your employer to take annual leave. Even if you are on workers' compensation, the standard procedure for requesting and approving annual leave applies.
2. Impact on Workers' Compensation Payments:
3. Concurrent Payments: While on annual leave, your workers' compensation payments may be affected. In most cases, if you take paid annual leave, your workers' compensation benefits might be suspended for the duration of the leave. This is because you are receiving your normal wages during the leave period, and workers' compensation is designed to replace lost income.
4. Notification: It is important to notify your workers' compensation insurer about your leave plans. They need to be informed to adjust your benefits accordingly.
5. Medical Clearance: Depending on your injury and the nature of your leave, you might need medical clearance to ensure that taking leave will not negatively impact your recovery process. This is especially pertinent if you plan to travel or engage in activities that might affect your health condition.

Leave Accrual: You continue to accrue annual leave entitlements while on workers' compensation, as long as you remain employed by the same employer.

Here are some practical steps to take.

Check Your Award or Enterprise Agreement: Specific conditions around taking annual leave while on workers' compensation might be detailed in your employment award or enterprise agreement.

Communicate with Your Employer and Insurer: Maintain open communication with your employer and your workers' compensation insurer to ensure all parties are aware of your plans and any potential implications for your compensation benefits.

Document Everything: Keep a record of your leave request, employer’s approval, and any correspondence with the workers' compensation insurer.

While you can take annual leave while on workers' compensation in NSW, careful consideration and proper procedures must be followed to ensure compliance with regulations and to avoid any negative impact on your workers' compensation benefits. Always consult with your employer and the workers' compensation insurer before making any final decisions.

Lastly, you should also inform your compensation lawyer about any plans to holiday as your ability to travel and participate in recreational activities may be raised and considered when assessing the effects/impact of your injury relevant to your workers compensation claim.

Have you got an injury or illness that occurred at work or was significantly contributed to, or aggravated by, your work? If you have the slightest concern, Kells provides a free case assessment of your possible compensation claim with no obligation to proceed. Our specialised and caring personal injury lawyers can meet you at home, at one of our six offices or even in hospital.