AP766738CRV - Adult and Community Education Professional Administrative Clerical Computing and Technical (PACCT) Staff Award 1999
17. ACCIDENT LEAVE AND MAKE-UP PAY
17.1 An employee who suffers injury causing total incapacity for work and who receives compensation in respect of such total incapacity pursuant to the Workers Compensation Act 1958 (Victoria), the Accident Compensation Act 1985 (Victoria) or the Accident Compensation (WorkCover) Act 1992 (Victoria) or any of them must be granted paid leave by the employer. The rate of pay must be equal to the difference between the rate of pay payable if the employee had continued to perform the duties being performed immediately preceding the occurrence of the injury, excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the amount of weekly compensation received by the employee.
17.2 An employee who suffers injury causing partial incapacity for work and who received compensation in respect of such partial incapacity pursuant to the Workers Compensation Act 1958 (Victoria), the Accident Compensation Act 1985 (Victoria) or the Accident Compensation (WorkCover) Act 1992 (Victoria) or any of them must receive make-up pay from the employer. The make-up pay must equal the difference between the rate of pay payable to the employee if the employee had continued to perform the duties being performed immediately preceding the occurrence of the injury, excluding any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred and the sum of the amount of weekly compensation received by the employee and the weekly amount the employee is earning in the employment with the employer.
17.3 Use of sick leave for incapacitated employees
17.3.1 An employee who has applied for leave pursuant to clause 17.1 may upon application be granted sick leave to cover such absence but not exceeding the paid sick leave credits currently owing to that employee.
17.3.2 If an employee is granted sick leave pursuant to clause 17.3.1 and is subsequently granted leave for the same period or part thereof pursuant to clause 17.1 the sick leave entitled pursuant to 17.3.1 will be restored as sick leave credits.
17.3.3 No employee is concurrently entitled to sick leave and leave pursuant to clause 17.1.
17.4 No leave can be granted under clause 17 in respect of any particular injury or incapacity which is:
17.4.1 in excess of a continuous period of twenty-six weeks inclusive of any other leave which may be granted with pay; or
17.4.2 in excess of an aggregate period of twenty-six weeks in respect of any particular injury or incapacity;
without approval of the Chairperson.
17.5 Employment upon return to duty
17.5.1 An employee having been totally incapacitated is entitled upon returning to full duty to occupy a position equivalent to that occupied by the employee immediately prior to the granting of leave pursuant to clause 17.1.
17.5.2 An employee having been partly incapacitated is entitled upon returning to full duty to occupy a position equivalent to that occupied by the employee immediately prior to the occurrence of the injury which led to the partial incapacity.
17.6 An employee who has been granted leave under clause 17 must immediately notify the Chairperson in writing of any civil claims for damages instituted by the employee in connection with the injury to which such leave relates.
17.7 If an employee who has received leave under clause 17.1 or 17.2 obtains a judgement or settlement of a claim for civil damages in connection with the injury for which such leave is granted the employee must repay any payments made under this clause to the extent that the judgement or settlement is not reduced by the amount of such payments.
17.8 Leave granted pursuant to clause 17.1 or 17.2 will count as service in determining the entitlement of an employee to leave for all other purposes.
