Commonwealth Consolidated Acts

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SAFETY, REHABILITATION AND COMPENSATION ACT 1988 - SECT 116

Employees on compensation leave

  (1)   In spite of the provisions of any other Act or an industrial award, determination or agreement, an employee is not entitled to be granted any kind of leave of absence with pay (other than maternity leave with pay) during, or in respect of, any period when the employee is or was on post - determination compensation leave but:

  (a)   sick leave and recreation leave entitlements continue to accrue in relation to the employee during each of the first 45 weeks during which he or she is on post - determination compensation leave; and

  (b)   long service leave entitlements continue to accrue in relation to the employee during the whole of the period of the post - determination compensation leave;

as if the employee were not absent from work.

  (2)   In this section:

"post-determination compensation leave" means compensation leave that takes place after the end of the pre - determination period in relation to the claim for compensation.


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