This leave continues to accrue for the full duration of the employee's incapacity, irrespective of whether it is within or after the first 45 weeks. The amount of hours an employee is actually working, if any, is irrelevant.
Leave accrues as if the employee were totally incapacitated, even if the employee is working close to full time hours. It does not accrue on a proportional basis.
Note, this does not include someone who is working full time hours, but is being paid 'top up' compensation (section 19 (3) (f) refers).
Long service leave cannot be accessed while the employee is totally absent on compensation leave.
However, if the employee is on a graduated return to work, or partially incapacitated, he or she may access leave, but only for those periods when he or she is working. Leave will be debited according to the amount of hours actually used.