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Not sure about your rights at work? - Ask Neale


question

I am on a return to work program as part of a planned rehabilitation arrangement. I have to go to doctors appointments. Do I have to make up lost time when these appointments are during working hours?

Bev


answer

Workcover tell me the following about this situation.

There is no prescribed legislation relating to payment for the lost time for physiotherapy or related medical appointments as part of your rehabilitation. However, a common sense approach should be used by both the worker and the employer.

As part of the rehabilitation plan the times for physiotherapy and medical appointments should be outlined. It may also be an idea for the worker to have medical evidence to support the need for medical appointments and the times when they would be available.

If the worker is on suitable duties (selected hours) then the worker should be going to medical appointments outside these selected times. The worker will be receiving make up pay from the insurance company and therefore their time off will be paid for by the insurance company.

When the worker is back to full time employment then a compromise of the times to attend medical appointments needs to be agreed. The worker on full duties, suitable employment, should be working those hours and therefore the

attendance may be required outside working hours, depending on the situation.

Overall, there needs to be a consideration on both parties. Depending on the situation there should be a compromise between the parties concerned and an acceptance on the agreed format and detailed in the rehabilitation plan.

Ref: online publication - Guidelines for employers' return to work programs

http://www.workcover.nsw.gov.au/pdf/rtw_guide.pdf

If you require further information you can call the

Workcover Information Centre on 13 10 50 for a referral to the Injury Management Branch.



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Disclaimer

Ask Neale is a free advice service provided by the New South Wales Labor Council. Whilst all care and due diligence has been taken in preparing this advice, the NSW Labor Council cannot accept any responsibility for any actions or outcomes users may make from viewing this advice.



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