The differing views stem from the fact that some members of the legal profession believe it is quite clear that Section 130 of the Fair Work Act 2009 prevails and an employee is not entitled to take or accrue any leave whilst on workers compensation on the basis that Section 49 permits the payment of compensation during a period of annual leave, but it does not permit the taking or accruing of annual leave where an employee is not otherwise entitled to such leave.
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