Does annual leave and personal leave accrue when an employee is on a period of workers compensation?
Section 130 of the Fair Work Act 2009 states that an employee is not entitled to take or accrue any leave or absence under the National Employment Standards (NES) during a period of workers compensation. However, this section does not prevent the accruing or taking of leave under the NES if it is permitted by a compensation law. In addition to the NES, entitlements regarding the accrual of leave may be found in a registered agreement or award, therefore it is essential that the provisions of the instrument that applies to an employee are also checked. However, any term of a registered agreement has no effect where that term is detrimental to an employee when compared to an entitlement under the NES. Further, a modern award may include terms that specify in more detail how an entitlement under the NES works under that modern award.
