43. LEAVE OR MAKE-UP PAY TO INCAPACITATED STAFF MEMBERS

43.1 A staff member who suffers injury causing partial or total incapacity for work and who receives compensation pursuant to the Workers Compensation Act 1958, the Accident Compensation Act 1985, and/or the Workplace Injury Rehabilitation and Compensation Act 2013 will be granted make-up pay or leave for a maximum continuous or aggregate period of 52 weeks in respect of any one injury as follows:

Total injury - Leave at a rate of pay equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the amount of weekly compensation received by the staff member

Partial injury - Make-up pay by the University equal to the difference between the rate of pay payable if the staff member had continued to perform the duties being performed immediately preceding the occurrence of the injury and the sum of the amount of weekly compensation received by the staff member and the weekly amount the staff member is earning in the employment (whether with the University or another employer) in which the staff member is employed by reason of such partial incapacity.

Provided that the “rate of pay payable” herein will exclude any payment for overtime or travelling allowance or incidental expenses or any payment of a temporary character in the nature of a reimbursement of expenditure incurred.

43.2 A staff member who suffers partial injury and can obtain suitable employment only with an employer other than the University will continue to be paid make-up pay by the University on condition that the staff member furnishes evidence to the University's satisfaction of the rate of weekly compensation and the rate of actual earnings he/she is receiving from the other employer. Provided that there will be no entitlement to continued payment of make-up pay where the staff member was employed on a fixed-term contract by the University and the term of the contract expires.

43.3 Where a staff member attempts a graduated return to work, that fraction of the week that the staff member is performing duties will not be counted in the aggregate period of incapacitation leave provided for in this clause.

43.4 Where a staff member receiving or who has received make-up pay has made a civil claim for damages in connection with the injury to which such make-up pay relates he/she will advise the University in writing and will, if required by the University, authorise it to obtain such information as is reasonably required regarding the progress of such claim from the staff member's solicitors.

43.5 Where a staff member who has received make-up pay recovers damages from the University or another pursuant either to a judgment or settlement, which includes damages for loss of income in respect of the injury for which the staff member has received make-up pay, he/she will repay to the University such make-up pay as he/she has received from the University. Where the damages are recovered under a judgment and have been reduced for the contributory negligence of the staff member, the staff member will repay such amount of make-up pay as he/she has received from the University as is pro rata to the damages recovered having regard to such contributory negligence.

43.6 A staff member who is granted sick leave in respect of a workplace injury and who subsequently receives compensation in respect of such incapacity pursuant to the Workers Compensation Act 1958, the Accident Compensation Act 1985, and/or the Workplace Injury Rehabilitation and Compensation Act 2013 will have restored to his/her credit sick leave equal to the value of the sick leave taken in respect of his/her incapacity.

43.7 A staff member who applies for leave under this clause may upon application be granted sick leave up to a maximum of the staff member's sick leave credits to cover such absence, provided however that no staff member shall will be concurrently entitled to sick leave and leave pursuant to this clause.

43.8 Sick leave granted will be paid at a weekly rate not exceeding the sum of the following:  

     (a) The weekly value of the workers' compensation payment to which the staff member may become entitled;      

     (b) The weekly payment for which the staff member will be eligible if granted leave pursuant to this clause.

If sick leave is granted for a period and the staff member is subsequently granted leave pursuant to this clause for the same period or part thereof on account of the same injury, sick leave will be restored to the staff member's credit equal to the period of overlap.