An employee unfit for duty following a transport accident will be placed on personal leave. The employee may be entitled to lodge an application for Transport Accident Commission (TAC) benefits, including a Loss of Earnings Benefit. The TAC only reimburse 80% of an employee's pre injury earnings.
On receipt of notification that TAC will pay a Loss of Earnings Benefit, the employee must be placed on leave without pay from the date specified. The first five days of absence must remain as personal leave.
Where a period of personal leave is subsequently changed to leave without pay, personal leave accruals will be restored. However, the full salary for the period changed to leave without pay must be repaid to the Department by the employee unless other arrangements are entered into with TAC.
An employee has two options in relation to the TAC Loss of Earnings Benefit:
- The Loss of Earnings Benefit can be paid directly to the employee in which case the employee must be placed on leave without pay from the date specified
- An employee, who has personal leave accruals, can elect to have the Loss of Earnings Benefit payments made directly to the Department on their behalf and so access those personal leave accruals on a pro rata basis to make up the difference between the benefit amount paid by TAC and their salary (effective 1 July 2019 for Public Service employees).
Note: If the personal leave accruals expire during this option then access to this option will cease. The employee will be paid directly by TAC and placed on unpaid leave from the date that the accruals expired.
Advice should be sought about the administrative and leave/payroll procedures for TAC leave from Schools People Services prior to processing the school-based employee’s application for leave.
Procedures & Forms
- Leave Application (WORD)