84Paid holidays during incapacity

### 84 Paid holidays during incapacity > *\[Section 84 Substituted by No. 16 of 1995, s. 58 \]* > > > (1)  [*\[Section 84 Subsection (1) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpa@EN) If during a period for which compensation would otherwise be payable to a worker under this Act there occurs any period during which the worker would be entitled, under the contract of service in force when the right to compensation occurred, to be absent from his or her employment on annual recreational leave on full pay or on long service leave on full or part pay– > > > > > > (a) [*\[Section 84 Subsection (1) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpb@EN) the worker must be given by his or her employer a similar period of leave on full pay in lieu of that annual recreational leave or a similar period of leave on full or part pay in lieu of that long service leave at some time within 3 months from the date of his or her return to work, or at the termination of his or her right to compensation under this Act if he or she does not then return to work; or > > > > > > > (b) [*\[Section 84 Subsection (1) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpc@EN) if the worker so desires, the worker may, by arrangement with his or her employer, take annual recreational leave or a period of long service leave during the period of incapacity for which compensation is payable. > > > (2)  [*\[Section 84 Subsection (2) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpe@EN) [*\[Section 84 Subsection (2) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpd@EN) If a worker takes annual recreational leave or a period of long service leave during a period of incapacity in accordance with [subsection (1)](#GS84@Gs1@EN) [(b)](#GS84@Gs1@Hpb@EN) , the worker is not entitled to receive weekly payments for compensation during that annual recreational leave or long service leave. > > > (3)  [*\[Section 84 Subsection (3) amended by No. 42 of 2007, s. 28, Applied:31 Oct 2007\]*](/view/html/inforce/2007-10-31/act-2007-042#GS28@Hpf@EN) An employer must not attempt to cause or require a worker to take annual recreational leave or long service leave during a period of incapacity for which compensation is payable. > > > > Penalty:  Fine not exceeding 100 penalty units.