Appointments: Time off work for medical treatment for Staff with a work related injury or illness

If a staff member has lodged a workers compensation claim for a work related injury or illness then he or she may require ongoing treatment.

The issue needs to be treated according to the unique circumstances of each case.

Whilst there may be a moral entitlement, there is no legal entitlement for workers to take time off work to keep medical appointments.

It is, however, reasonable that some of the time involved be work time - ie that there be some 'give and take'.

Times are to be negotiated between a staff member and his/her supervisor, with appointments ideally being around the usual start or finish time so appointments can be kept on the way to or from work. For example, if the usual finish time is 5 pm, the staff member could leave work at 4.30 pm and attend a 5 pm appointment.

Regarding 'what is reasonable', it would be unreasonable for staff members to make appointments in the middle of the working day. It would also be unreasonable for a supervisor to be unwilling to compromise with respect to time off for relevant appointments.

Where a staff member has returned to work on reduced hours, it would be reasonable for appointments to be outside of the reduced working hours.

However, staff members may have no say in when appointments occur - eg to see a medical specialist.

Many injured people are in pain or discomfort, so a usual working day may seem very long. Appointments outside of working hours can add to this fatigue and jeopardise a safe and successful return to work.

Appointments for medically related activities, gym or fitness programs should be negotiated and documented in a Return to Work Plan.

Last reviewed: June 2006