Accident compensation leave. If an employee sustains personal injury in circumstances where the employee is entitled to receive weekly payments in respect of that injury under the Workplace Injury Rehabilitation and Compensation Xxx 0000, such employee will, apart from any personal leave which may be standing to their credit, be granted leave on full pay, less the amount paid by way of weekly compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) during the period of incapacity
Accident compensation leave. (a) In the event of a claim for accident compensation being brought by the Executive, the Company shall pay the difference between compensation benefits available under the appropriate State and/or Federal legislation and the Salary for a maximum period of 52 weeks. The Executive may utilise accrued leave credits for absences beyond the period for which compensation is made. Leave without pay may be granted where entitlements to paid leave have been exhausted.
(b) Payments made under clause 7.9(a) shall cease on the date:
(i) on which the Executive is fit to resume duty;
(ii) that the Executive receives a disability benefit from a retirement plan; or
(iii) on which a lump sum redemption is received, whichever comes first.
(c) The Executive is obliged to refund any make-up pay received if the Executive receives a settlement sum in a civil claim which specifically compensates the Executive for make-up payments.
Accident compensation leave. AND MAKE-UP PAY
49.1 A Trades and Services Staff member who suffers injury causing partial or total incapacity for work and who receives compensation pursuant to the Workers Compensation Act 1958 and/or the Accident Compensation Act 1985, will be granted make up pay or leave for a maximum continuous or aggregate period of 52 weeks in respect of any one injury as follows: Total injury Leave at a rate of pay equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the amount of weekly compensation received by the staff member Partial injury Make-up pay by the University equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the sum of the amount of weekly compensation received by the staff member and the weekly amount the staff member is earning in the employment (whether with the University or another employer) in which the staff member is employed by reason of such partial incapacity. The “rate of pay payable” herein will exclude 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.
49.2 A Trades and Services staff member who suffers partial injury and can obtain suitable employment only with an employer other than the University will continue to be paid make-up pay by the University on condition that the staff member furnishes evidence to the University’s satisfaction of the rate of weekly compensation and the rate of actual earnings he/she is receiving from the other employer, provided that there will be no entitlement to continued payment of make-up pay where the staff member was employed on a fixed-term contract by the University and the term of the contract expires.
49.3 Where a Trades and Services Staff member attempts a graduated return to work, that fraction of the week that the staff member is performing duties will not be counted in the aggregate period of incapacitation leave provided for in this clause.
49.4 Where a Trades and Services Staff member receiving or who has received make-up pay has made a civil claim for damages in connection with the injury to which such make-up pay relates he/she will advise the University in writing and will, if required by the University, authorise ...
Accident compensation leave. If an employee sustains personal injury arising out of or in the course of, the employee’s employment in circumstances which under the Accident Compensation Act 1985 (Vic) requires the Employer to notify the Accident Compensation Commission of such injury, and the Employer or Commission admits liability to make weekly payments for injury or the Accident Compensation Commission or Tribunal orders that weekly payments be made, such employee will, apart from any personal leave which may be standing to his or her credit, be granted leave on full pay, less the amount paid by way of weekly compensation under the Accident Compensation Act 1985 (Vic) during the incapacity.
