Section 130 — Fair Work Act 2009: Restriction on taking or accruing leave or absence while receiving workers’ compensation

(1) An employee is not entitled to take or accrue any leave or absence (whether paid or unpaid) under this Part during a period (a compensation period) when the employee is absent from work because of a personal illness, or a personal injury, for which the employee is receiving compensation payable under a law (a compensation law) of the Commonwealth, a State or a Territory that is about workers’ compensation. (2) Subsection (1) does not prevent an employee from taking or accruing leave during a compensation period if the taking or accruing of the leave is permitted by a compensation law. (3) Subsection (1) does not prevent an employee from taking unpaid parental leave during a compensation period.