I used my sick leave after a work injury – will WorkCover give it back?
If you were injured at work, you may have used your sick leave while you were off work. Perhaps you didn't know whether your WorkCover claim would be accepted. Or maybe you simply needed to keep getting paid while you waited for your claim to be processed.
Now that WorkCover Queensland has accepted your claim, you may be wondering: “What happens to all the sick leave I used?”
The good news is that you may be able to have that sick leave recredited to your leave balance.
Can I get my sick leave back?
Generally, recrediting may be available where:
- you used sick leave because of your accepted work injury;
- you had a valid work capacity certificate covering the relevant period;
- WorkCover accepts that you were totally or partially unable to work during that period; and
- weekly compensation is payable retrospectively for that same period.
This means that acceptance of your WorkCover claim doesn't automatically mean that every day you were off work will be covered. WorkCover will look at the particular dates covered by your medical certificates and whether your absence was caused by the accepted work injury.
What happens to the money I've already been paid?
You can't be paid both your ordinary sick leave and workers' compensation payments for the same period. Instead, the payments generally need to be reconciled between WorkCover and your employer.
The usual process is:
- WorkCover calculates the weekly compensation you should have received for the relevant period.
- Your employer confirms how much sick leave and wages you have already been paid.
- WorkCover and your employer reconcile the payments.
- Your employer restores the applicable sick leave to your leave balance.
You may therefore see some adjustments to your payroll or leave records.
What should I do now?
If your WorkCover claim has been accepted, you should not simply assume that your sick leave will automatically be put back. Instead, contact your employer's payroll or HR department and WorkCover and ask them to confirm:
- the dates for which weekly compensation has been approved;
- how much weekly compensation is payable for those dates;
- how the sick leave you already used will be reconciled;
- how much sick leave will be recredited; and
- your updated leave balance.
It can help to provide your:
- WorkCover claim number and acceptance notice;
- work capacity certificates;
- payslips showing the sick leave you used; and
- leave records.
What if my employer won't give my sick leave back?
If your employer says that your sick leave can't be restored, ask for the reason in writing.
There can be several reasons why the adjustment has not happened. For example, WorkCover may not have approved weekly compensation for the particular dates, there may be a missing work capacity certificate, or WorkCover may not yet have reconciled the payment with your employer.
The important thing is to find out exactly what the problem is before assuming that you have lost your leave.
If you're confused about what happens next, you don't have to work it out by yourself.
We can help you understand your WorkCover entitlements and what you should do if there is a problem with your payments or leave balance.