Can Workers on Rehabilitation take a Holiday?

Published: 12 December 2011

This question is sometimes asked by injured workers who have not been able to return to work and are receiving income maintenance while participating in a rehabilitation programme or rehabilitation and return to work plan.  If a worker simply refuses to continue with the rehabilitation without communicating with the rehabilitation consultant or case manager, the worker will have breached of the obligation of mutuality and the case manager will be able to issue a notice discontinuing the income maintenance.

 

Rehabilitation often involves the worker in regular activities such as attending meetings with the rehabilitation consultant, obtaining treatment from health professionals, studying for new qualifications, volunteer work, searching for job vacancies and applying for jobs.  In some situations, it would be reasonable for workers to have a short break from these activities and still receive their income maintenance.  This will depend on each person’s circumstances.  For example, a break from rehabilitation is unlikely to be appropriate for someone who has just started on a rehabilitation programme whereas someone who has been complying with their rehabilitation obligations consistently for over a year may well need a break.  It may not be reasonable for a person to stop their rehabilitation if they are in the middle of a course of study or a work trial while it may be reasonable for someone who is in the job searching phase of rehabilitation and relevant employers are closing down for the end of year break.

 

The key is for the worker to discuss their situation with their rehabilitation consultant and case manager.  If they are not agreeable to the worker temporarily ceasing rehabilitation, the worker may have other options, such as accessing some accrued leave with their employer or consenting to a discontinuation of their income maintenance for the duration of a short break.  Workers who believe that the refusal to allow them to take a holiday from rehabilitation is unreasonable may also contact this Office to discuss whether it would be worthwhile lodging a complaint.

 

If an injured worker is intending to travel overseas on holiday and be absent from Australia for more than 28 days, the worker is legally obliged to give the compensating authority at least 28 days notice of the proposed absence and, if the compensating authority is of the opinion that the absence may impair the prospects of rehabilitation, it may suspend or reduce the worker’s weekly payments after giving the worker at least 14 days’ notice.  Therefore, if any injured worker is thinking of holidaying overseas for more than 28 days, they should definitely discuss their plans with their case manager at the earliest opportunity to find out whether their absence from Australia will affect their weekly payments or not.

 

For information about injured workers’ entitlements to leave and to receive income maintenance while on leave after returning to work, please refer to the topical issues for June 2009 and August 2010.