Procedure - Income Support When Absent Due to Illness/Injury

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Purpose
1.	General
2.	Process
2.1	Managers/RRTWC/Employee Responsibilities
2.2	Cancellation of a QSuper GRTW Agreement
3.	Medical Assessment
4.	Definitions

Purpose

Queensland Corrective Services (QCS) is committed to providing appropriate support and assistance to employees who are unable to carry out their full time role due to injury/illness or medical condition and who may require income maintenance during their absence from the workplace.

The purpose of this procedure is to:

facilitate where possible, the income needs of the employee whilst absent from work due to a work related or non-work related, injury/illness or medical condition; and

outline the assistance available to maintain income support whilst absent from work; and

provide due process regarding sick leave management associated with QSuper Income Protection Benefit.

1. General

This procedure must be read in conjunction with the procedure 'Non Work Related Injuries'.

This procedure includes work related Illness/Injuries that are covered by workers compensation benefits (refer procedure - Management of Work Related Injuries/Illness).

Definitions - Refer to Part 5 of this procedure

QCS employees may have an entitlement to sick leave benefits as part of their award provisions and should access their accrued sick leave in the first instance. Sick leave without pay (SLWOP) may also be approved where accrued sick leave entitlements have been exhausted. The use of Annual Recreation Leave (ARL) or Long Service Leave (LSL) in lieu of sick leave is not permitted as there is no provision within the Sick Leave Directive 19/05 to allow ARL or LSL to be accessed when an employee has exhausted all of their Sick Leave entitlements. Application for ARL and LSL are subject to the provisions of the relevant directives.

QSuper Income Protection Benefits are not a benefit or entitlement provided by QCS.

Where an employee has exhausted accrued sick leave entitlements, they may have an entitlement to income maintenance through QSuper Income Protection Benefits. QSuper may provide income maintenance for work and non-work related injuries/illnesses.

An application for income protection may only be initiated by the employee. Employees seeking information regarding income protection benefits may contact QSuper directly.

1. Where an employee is absent from the workplace with a non-work-related injury/illness/condition, sick leave accruals must be utilised in the first instance. When all sick leave credits have been exhausted, two weeks SLWOP (sick leave without pay) must be taken in order to be eligible for income protection benefits through the QSuper Insurance scheme.
2. Where an employee is absent from the workplace with a non-work-related injury/illness/condition and wishes to return to the workplace before reaching full pre injury/illness health status, they should firstly discuss their direct reasons for applying for early return to the workplace with their manager, HR manager and the Rehabilitation and Return to Work Coordinator (RRTWC), in order to be considered for a return to work arrangement (refer procedure - Management of Non Work Related Injuries/Illnesses).
3. Where an employee is absent from the workplace with a work-related injury/illness, and Worker's Compensation benefits have ceased, employees should utilise, in the first instance, their sick leave accruals. When accrued sick leave entitlements have been exhausted, two weeks SLWOP must be taken, in order to be eligible for income protection benefits through the QSuper Insurance scheme.
4. Claiming QSuper whilst Waiting on a WorkCover Determination:

QSuper Advises: A worker can claim the QSuper income protection benefit while they are waiting for a WorkCover claim to be processed. If the WorkCover claim is successful, the worker must repay the benefit paid by QSuper for the period covered by WorkCover.

Where income protection benefits are approved in 1, 2, 3, above, a Qsuper Graduated Return to Work (GRTW) Agreement may form part of the process and documentation

In regards to management's consideration towards a QSuper Graduated Return to Work (GRTW) agreement, any variation to the placement of the employee into their substantive position for such an agreement will be at the discretion of the General Manager/Regional Manager. An alternate placement may be considered as an option providing it is within a funded position and the needs of the workplace have been considered.

The line Manager, HR manager and RRTWC may consider if the workplace can provide an employee with short term placement to undertake project work of a defined length. In this case the position must not be above the approved establishment for that unit/office/discrete workplace. The manager cannot create an additional position to accommodate a non-work related injury/illness or condition, over and above the approved establishment.

Co-operation and consultation between management and the ill/injured employee is essential to effectively managing an employee's absence.

2. Process

2.1 Managers/RRTWC/Employee Responsibilities

The Employee's manager or nominated officer will-

1. discuss with the employee, the HR Manager and RRTWC the reasons for the absence from work;
2. ensure leave forms are authorised, and together with medical certificates, are forwarded to payroll;
3. where the employee's medical advice indicates initiating a RTW arrangement for a non-work related injury/illness (refer appendices - Procedure Management of Non Work Related Injuries/Illnesses);
4. where an employee is unable to return to their substantive position (refer appendices - Procedure Independent Medical Examinations); and
5. support the rehabilitation and return to work coordinator as appropriate.

The Rehabilitation and Return to Work Coordinator (RRTWC) will-

1. obtain a signed Information Release Authorisation (in the case of a RTW arrangement (refer appendices - Procedure Non-Work-Related Injuries/Illnesses);
2. ensure relevant information is provided to QSuper income protection and payroll;
3. liaise with QSuper income protection case managers as required;
4. undertake regular reviews of the employee's absence, with the employee's manager and the HR manager;
5. maintain relevant documentation;
6. if a QSuper Graduated Return to Work (GRTW) Agreement is required and authorised, ensure a QSuper “Graduated Return to Work Agreement” form is utilized and provide treating Physician with a critical Job demands custodial letter; and
7. assist the employee's manager with the implementation of the QSuper (GRTW) agreement; where applicable.

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The employee must-

1. obtain medical certificates to cover all absences, and provide to their manager in a timely manner;
2. reasonably consider providing a signed 'Information Release Authority' to the
3. RRTWC;
4. complete and provide leave forms to cover all absences and provide to their manager in a timely manner;
5. maintain regular contact with their Manager and the RRTWC during any absence from work due to injury/illness/medical condition;
6. adhere to the requirements of a QSuper GRTW arrangement where approved; and
7. participate in an Independent Medical Examination where appropriate.

2.2 Cancellation of a QSuper GRTW Agreement

A Qsuper GRTW Agreement may be cancelled for the same reasons as outlined in the procedure for 'Non Work Related Injuries'

If advice/evidence is received pertaining to those reasons, the Qsuper GRTW Agreement, may be subsequently cancelled, following discussion between the General Manager/Regional Manager, HR Manager, Line Manager and RRTWC and a plan for ongoing management of the employee will be developed.

Advice may be sought from the QCS Workplace Health & Safety Unit (WHSU) in developing this plan.

3. Medical Assessment

During the process of providing assistance to an employee who is unable to work due to an illness/injury, medical evidence may indicate that a return to the employee's substantive position is unlikely.

As soon as it becomes apparent that this is the case, a decision may be made by QCS to have the employee independently medically examined, to determine if a return to their substantive duties is able to be achieved (refer procedure - Independent Medical Examination).

The 12 month minimum time frame applicable in the case of work related illness/injuries managed under Workers compensation benefits does not apply to this process.

4. Definitions

Non-work related injury/illness - Refers to an injury or illness that did not arise out of, or in the course of the workers employment and includes all workers' compensation claims where liability has been denied by WorkCover.

Rehabilitation and Return to Work Coordinator (RRTWC) - Means an authorised employee of DCS who has satisfactorily completed an accredited workplace rehabilitation course and is registered with Q-COMP, the Workers' Compensation Regulatory Authority.

QSuper Graduated Return to Work Agreement/Suitable Duties Program - Refers to specifically selected duties within the workplace and are a means in which to provide a monitored and graduated return of a worker, (who has suffered a non-work related injury/illness) to their substantive role. Agreed hours and or days are less than the normal hours/days of work. A return to work agreement must-

1. be matched to the capabilities of the worker; and
2. consider the restrictions or limitations imposed by the treating medical practitioner; and
3. a QSuper GRTW agreement shall not ordinarily exceed two weeks duration, immediately prior to the date when the treating physician estimates that the person should be certified as fully fit to return to their substantive position.

Substantive Role - Refers to the worker's (other than an emergency service volunteer) appointed role or position.

Injury Management - The implementation and coordination of strategies to facilitate the early return to work of a worker or to provide for appropriate rehabilitative assistance following workplace injury or illness.

Information Release Authorisation - If it is necessary to obtain or release information associated with the workers' injury management, the workers' authority must be obtained.

Sick Leave Without Pay (SLWOP) - Employee's sick leave is approved by the employer, but is not paid for the period of time absent due to not having a sick leave credit balance.

Integrated Case Review Process (ICRP) - The ICRP is an effective tool for the management of long term, complex or contentious cases. It provides for specialist consultation with key internal and external stakeholders to develop a robust plan which incorporates key action items and agreed timeframes.

Independent Medical Examination (Public Service Act 2008 - Part 7)

s174

This part applies to a public service employee if-

1. the employee is absent from duty or the employee's chief executive is reasonably satisfied the employee is not performing his or her duties satisfactorily; and
2. the chief executive reasonably suspects that the employee's absence or unsatisfactory performance is caused by mental or physical illness or disability.

s175 Chief executive may require medical examination

The chief executive may-

1. appoint a doctor to examine the employee and give the chief executive a written report on the examination; and
2. require the employee to submit to the medical examination.

QSuper Income Protection Benefit - Income insurance cover, provided by QSuper. All workers that are part of the QSuper superannuation scheme are automatically covered by QSuper income protection benefit.

Kelvin ANDERSON
Commissioner

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