Clause 17.11: sick leave - workers compensation

17.11.1 Pending the determination of an employee’s workers compensation claim and on production of an acceptable medical certificate, the Secretary shall grant sick leave on full pay for which the employee is eligible, followed, if necessary, by sick leave without pay or, at the employee’s election, by accrued recreation leave or extended leave.

17.11.2 If liability for the workers compensation claim is accepted, then an equivalent period of any sick leave taken by the employee pending acceptance of the claim shall be restored to the credit of the employee.

17.11.3 A permanent or long-term temporary employee who continues to receive compensation after the completion of the period of 26 weeks referred to in section 36 of the Workers Compensation Act 1987 may use any accrued and untaken sick leave to make up the difference between the amount of compensation payable under that Act and the employee's ordinary rate of pay. Sick leave utilised in this way shall be debited against the employee.

17.11.4 Before approving the use of sick leave in this subclause, the Department must be satisfied that the staff member is complying with the obligations imposed by the Workplace Injury Management and Workers Compensation Act 1998 which requires that the staff member must:

(i) participate and cooperate in the establishment of the required injury management plan for the staff member;

(ii) comply with obligations imposed on the staff member by or under the injury management plan established for the staff member;

(iii) when requested to do so, nominate as their treating doctor for the purposes of the injury management plan a medical practitioner who is prepared to participate in the development of, and in the arrangements under, the plan;

(iv) authorise the nominated treating doctor to provide relevant information to the insurer or the Department for the purposes of the injury management plan; and

(v) make all reasonable efforts to return to work as soon as possible, having regard to the nature of the injury.

17.11.5 If an employee notifies the Secretary that he or she does not intend to make a claim for any such compensation, the Secretary shall consider the reasons for the employee's decision and shall determine whether, in the circumstances, it is appropriate to grant sick leave in respect of any such absence.

17.11.6 A permanent or long-term temporary employee may be required to submit to a medical examination under the Workers Compensation Act 1987 in relation to a claim for compensation under that Act. If an employee refuses to submit to a medical examination without an acceptable reason, the employee shall not be granted available sick leave on full pay until the examination has occurred and a medical certificate is issued indicating that the employee is not fit to resume employment.

17.11.7 If the Secretary provides the permanent or long-term temporary employee with employment which meets the terms and conditions specified in the medical certificate issued under the Workers Compensation Act 1987 and, without good reason, the employee fails, to resume or perform such duties, the employee shall be ineligible for all payments in accordance with this clause from the date of the refusal or failure.

17.11.8 No further sick leave shall be granted on full pay if there is a commutation of weekly payments of compensation by the payment of a lump sum pursuant to section 51 of the Workers Compensation Act 1987.

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