South Australian Numbered Acts

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RETURN TO WORK ACT 2014 (NO 16 OF 2014) - SECT 50

50—Weekly payments and leave entitlements

        (1)         Subject to this section, neither the liability to make weekly payments to a worker in respect of a period of incapacity nor the amount of such weekly payments is affected by a payment, allowance or benefit for annual leave or long service leave to which the worker is entitled in respect of that period.

        (2)         If a worker is absent from employment in consequence of a work injury, the period of absence must for the purposes of computing the worker's entitlement to annual leave or sick leave under any Act, award or industrial agreement, be counted as a period of service in the worker's employment.

        (3)         If a worker has received weekly payments in respect of total incapacity for work over a period of 52 weeks or more, the liability of the employer to grant annual leave to the worker in respect of a year of employment that coincides with, or ends during the course of, that period will be taken to have been satisfied.

        (4)         Subsection (3) does not affect the obligation of an employer to make a payment in the nature of an annual leave loading.

        (5)         If—

            (a)         the entitlement of a worker to annual leave, or payment in lieu of annual leave, is governed by a law of the Commonwealth or a State or Territory of the Commonwealth (not being this State); and

            (b)         the worker is absent from employment in consequence of a work injury; and

            (c)         the period of absence is not taken into account as service for the purpose of calculating the worker's entitlement to annual leave or payment in lieu of annual leave,

the worker is entitled by way of compensation to the monetary value of the annual leave that would have accrued if the worker had not been absent from employment.

        (6)         Any compensation payable under subsection (5) must be paid when the annual leave, or the payment in lieu of annual leave, would (assuming that the worker had not been absent from employment) have been granted or made.

        (7)         If a worker applies for, and takes, a period of annual leave, the Corporation may suspend weekly payments that would otherwise be payable to the worker during the period while the worker is on leave.

        (8)         A decision of the Corporation under subsection (7) does not constitute a reviewable decision under Part 6.



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