education.vic.gov.au

Policy and Guidelines

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)External Link 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 5 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 in the teaching service has 2 options in relation to the TAC loss of earnings benefit:

  1. 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, or
  2. 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

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.

An employee in the public service who is in receipt of weekly payments from TAC is not able to use their personal leave accruals to offset the difference between the benefit amount paid by TAC and the salary of the employee.

Advice should be sought about the administrative and leave or payroll procedures for TAC leave from Schools People Services Division (refer to Contact information section on the Overview tab) prior to processing the school based employee’s application for leave.

Policy and Guidelines for Transport Accident Commission Leave

Reviewed 28 April 2021

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