004_ACC_April_2016

BACK
Holiday entitlements
PUBLIC (STATUTORY) HOLIDAYS
If a public holiday falls in the first week following a
work-related accident the employer must pay for
the holiday at the appropriate rate (80 per cent of
earnings for the 7 days’ prior to incapacity). In the
first week of a non-work related injury an employee
will be entitled to payment for a public holiday if
it falls on a day that would otherwise have been
a working day for the employee. After the first
week, payment for public holidays becomes the
Corporation’s responsibility.
SICK LEAVE
An employee may use sick leave in the first week of
incapacity for a non-work related injury. An employer
cannot require an employee to take sick leave during
the first week of employer paid compensation for a
work-related injury or while on weekly compensation
with ACC. However, if an employer pays the difference
between the employee’s first week compensation or
weekly compensation from ACC and their ordinary
weekly pay, the employer may agree with the
employee that he or she may deduct from the
employee’s current sick leave entitlement, one day
for every five whole days that the employer makes
that payment.
ANNUAL HOLIDAYS
Continuous employment under the Holidays
Act 2003 for the purposes of ascertaining an
employee’s entitlement to annual leave, includes
a period during which an employee is receiving
weekly compensation from ACC. Unless and until
employment is terminated, injured workers remain
employees and their entitlement to annual leave is
not affected by their absence.
An employee will continue to accrue annual leave
while they are away on ACC. They will acquire the
full 4 weeks’ entitlement when their anniversary
date arises, whether or not they are on ACC leave
at the time of the anniversary. See the A-Z Guide to
Annual Holidays for further information.
REHABILITATION
Anyone (including an injured employee) suffering
a personal injury for which he or she has cover is
entitled to rehabilitation provided by the Corporation
to assist in restoring health, independence, and
participation, to the maximum extent practicable. At
the same time, individuals, to the extent practicable
having regard to the consequences of their particular
injury, are responsible for their own rehabilitation.
Employer’s obligation
If the Corporation decides it is reasonably practicable
to return an injured employee to the same job he
or she had prior to incapacity, and with the same
employer, it must give the employer written notice
of its decision. The employer must then take all
practicable steps to assist the injured employee
with vocational rehabilitation under his or her
individual rehabilitation plan.
When determining what is meant by all ‘practicable
steps’ (although, ultimately, this will be a matter for
the courts to decide) employers will need to consider
the following factors:
• the nature and consequence of the injury;
• the achievement of rehabilitation outcomes;
•cost;
•cost effectiveness;
• the availability of other forms
of rehabilitation; and
• any other relevant factors.
Individual rehabilitation plan
Within 13 weeks of accepting an injured employee’s
claim for cover, the Corporation must determine
whether a social or vocational rehabilitation plan
will be necessary after the 13 weeks are up. If so, the
Corporation must prepare an individual rehabilitation
plan in consultation with the injured employee (or any
other claimant).
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