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Changing horses in midstream... |
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A case surfaced in which an employee on long service leave sought compensation payments to attend medical treatment for two or three hours each week and to have the long service leave for this period recredited. |
Comcare's policy position is that long service leave cannot be broken by sick leave unless the sick leave is for a period of at least one complete day. The same applies to compensation.
This case has raised the need to examine the rights of an employee to claim incapacity while already on long service leave, recreation leave, sick leave, study leave or any other paid leave under an award.
It has also distinguished section 33 (1) from 33 (2). Unlike section 116 which precludes the right to take any form of paid leave (excluding maternity leave) while on compensation leave, section 33 deals with a person at work or already on leave when seeking compensation for incapacity.