Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
sick leave includes leave known as personal leave,
or leave by another name, that is substantially of the same nature as sick
leave;
take leave , with reference to annual leave, long
service leave or sick leave, means —
(a) to
take time off work with pay on leave of that kind; or
(b) to
receive a monetary payment instead of taking time off work with pay on leave
of that kind.
(2) For any period for
which a worker is entitled to receive income compensation —
(a) the
worker is entitled to take annual leave or long service leave that the worker
could have taken if the worker had not been entitled to receive income
compensation for that period; and
(b) the
worker’s entitlement to receive income compensation and the amount of
those payments are not affected by the worker being entitled to take, or
taking, annual leave or long service leave for all or any of that period; and
(c) the
worker is not entitled to take sick leave for an absence from work because of
the worker’s injury; and
(d) the
worker accrues entitlements to annual leave, long service leave and sick leave
that the worker would have accrued if the worker had not been entitled to
receive income compensation for that period.
Note for this subsection:
The
Fair Work Act 2009 (Commonwealth) section 130(1) prevents a worker
to whom it applies from taking sick leave during a period for which income
compensation is paid.
(3) If an employer
pays a worker any amount as a sick leave entitlement for any period for which
the worker subsequently receives income compensation —
(a) the
amount paid to the worker as a sick leave entitlement is taken to have been
paid as, or towards, income compensation; and
(b) the
employer must reinstate any period of sick leave to which the sick leave
entitlement relates.