One of the many amazing return to work journeys shared through the Return to work Awards is that of Gary Watson, who turned his life around after an injury with the help of Return to work assist.
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Queensland's private sector employees are now covered by the Fair Work Act 2009 (Cth) in the federal industrial relations system.
The Work Health and Safety Act 2011 assented to on 6 June 2011, included a new section 119A of the Workers' Compensation and Rehabilitation Act 2003 which allows an injured worker to accrue leave, and require an employer to pay an entitlement to accrued leave while an injured worker is away from work on workers' compensation benefits.
Liability for leave entitlements is the responsibility of the worker's employer.
Background
Prior to the referral of State industrial relations powers to the Commonwealth on 1 January 2010, Queensland private sector employees were entitled to accrue sick leave and annual leave while absent on workers' compensation due to the combined effects of sections 10 and 11(5)(b) of the Industrial Relations Act 1999 and section 108(3) of the Workers' Compensation and Rehabilitation Act 2003.
Under section 130, employees who are absent from work and receiving workers' compensation are not entitled to accrue or take any leave, unless a compensation law provides otherwise.
Graham Walker says:
Could you please advise when this new provision takes effect - for injuries which occur on or after what date? Also, does this change affect/increase an employer's obligation to pay the compulsory 9% employer contribution into an injured worker's Superannuation while they are under an accepted W.Comp. claim?
Ginny - Q-COMP says:
Hi @Graham Walker In resppnse to your query, the new provision commenced on the day fixed by proclamation, which is 6 June 2011. I also note that the recent amendment to section 119A of the Workers’ Compensation and Rehabilitation Act 2003 commenced to take effect on 6 June 2011. As far as I am aware, this amendment does not mention superannuation entitlements.
Ginny - Q-COMP says:
Hi @Graham Walker In resppnse to your query, the new provision commenced on the day fixed by proclamation, which is 6 June 2011. I also note that the recent amendment to section 119A of the Workers’ Compensation and Rehabilitation Act 2003 commenced to take effect on 6 June 2011. As far as I am aware, this amendment does not mention superannuation entitlements.