WorkCover and long service leave
Having a WorkCover claim does not impact the accrual of your long service leave entitlement – that is tied to your period of employment.
There are however a few things you need to be aware of when it comes to long service leave and WorkCover.
Table of Contents
Having a WorkCover claim does not change your long service leave entitlement
When you have lodged a WorkCover claim (post 1 November 2018) and had it accepted, that WorkCover claim should not impact your entitlement to long service leave.
This means that having a WorkCover claim will not result in your entitlement to long service leave accruing.
It should still continue to accrue at the same rate it would if you had not lodged the claim.
It should still continue to accrue at the same rate it would if you were working.
That is, provided you remain employed with the injury employer.
If you have an unpaid absence from work because of a work related illness or injury that occurred prior to 1 November 2018, 48 weeks’ unpaid absence in any year counts towards the period of employment.
How and at what rate will long service leave accrue while on WorkCover?
A person is entitled to long service leave if they have been with an employer, continuously, for at least 7 years.
This applies if a person is full time, part time, casual, seasonal and fixed term.
Long service leave will accrue at the rate of one week for every 60 weeks of continuous service.
Long service leave accrues even during a time of paid leave (eg: during annual leave).
What if your long service leave is not accruing?
You should check your long service leave to ensure it is accruing if you have a WorkCover claim on foot.
This means you should check your payslips, at least from time to time.
If it isn’t accruing, your first port of call should be speaking to your employer.
If your work capacity is impacted by the work related injury
In general, you should be claiming weekly payments from the WorkCover insurer, rather than long service leave.
If you have exhausted your entitlement to weekly payments should you wish it may then be appropriate to use your long service leave entitlement if required.
Conclusion
WorkCover does not impact your entitlement to long service leave.
Long service leave should continue to accrue during a period of continuous employment with an employer, regardless as to whether you have a WorkCover claim on foot or not.
Your long service leave should continue to accrue at the same rate that it was, prior to suffering the work related injury.
