Taking Time Off Work To Attend 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.  In this case 'incapacity' may be interpreted as an inability to engage in work due to an absence from work to obtain 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 RTWP.  Section 41 guidelines continue to apply in such cases.