Taking time off for medical treatment

Section 19 of the Act indicates there is an entitlement to payment where an employee:

“... is incapacitated for work as a result of an injury ...”.

'Injury' may be extended to include any treatments associated with that injury, while 'incapacity' may be interpreted as an inability to engage in work due to absence to attend treatment.

Claims submitted for time off work to seek medical treatment should be accepted under section 19 of the Act.

However, employees should be encouraged to discuss suitable times to seek treatment with their employer to ensure that treatment is usually undertaken outside normal core working hours.  Examples where this is not possible will include:

Please note, this does not relate to employees who are on a graduated return to work as part of a rehabilitation program.  Section 41 guidelines continue to apply in such cases.