Oa No. 43 - Commonwealth Employees' Rehabilitation And Compensation Act 1988 Section 116 - Employees On Compensation Leave Application Of Section 116 During Graduated Return To Work

COMCARE OPERATIONAL ADVICE NO 43

COMMONWEALTH EMPLOYEES' REHABILITATION AND COMPENSATION ACT 1988 SECTION 116 ‑ EMPLOYEES ON COMPENSATION LEAVE APPLICATION OF SECTION 116 DURING GRADUATED RETURN TO WORK

Branch Managers

State Managers

Majors

State Executive Officers

1.The Department of Industrial Relations ‑ which has responsibility for the interpretation and application of leave provisions relating to employees under the Public Service Act has issued the attached memorandum (dated 26 April 1989) explaining the application of section 116 to employees on a graduated return to work (GRTW).

2.This interpretation of section 116 has been endorsed by Comcare.

3.Where an employee is on a GRTW, section 116 has the following effect on his or her leave entitlement:

(a)During the first 45 weeks (sub‑section 19(2))

• the employee accrues sick leave, recreation leave and long service leave normally, ie full accrual;

• the employee can access leave credits in respect of periods he or she is required to be on duty and compensation is payable in respect of the balance of the period during which, under the GRTW program, he or she would have been incapacitated for work:

Example - employee's normal hours are 40hrs/week (8hrs/day);

•    employee on GRTW of 20hrs/week (4hrs/day);
•    employee takes 1 week of recreation leave;
•    20 hours is debited against the employee's recreation leave credit and compensation is paid to NWE rate for balance, 20 hrs of the 40 hour week.

• Simply put, during the first 45 weeks, an employee accrues leave normally and utilises leave proportionately.

(b)After the first 45 weeks (sub‑section 19(3)) when an employee is on GRTW:

• the employee accrues long service leave normally, ie full accrual;

• the employee accrues sick leave and recreation leave on a proportional basis in respect to the periods he/she is required to be on duty;

• the employee does not accrue sick leave and recreation leave in respect of periods of absence from duty receiving compensation, ie during compensation leave;

Simply put, after the first 45 weeks the employee accrues leave proportionately and utilises leave proportionately.

4.In the majority of cases where an employee is on GRTW, it will be as part of a rehabilitation program. Using leave during a rehabilitation program could jeopardise the chances of goals being achieved, therefore it is necessary for the relevant Case Managers to be consulted before any periods of leave are approved.

5.For further information contact Glen Tye on (062) 750 078.

SUE HAMILTON
Deputy Chief Executive
21 July 1989