3.5.7 Workers attending THP appointments during work hours
Where a worker has a current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program (fit for full time normal or alternative duties), and a worker takes time off work to attend a THP Treating Health Practitioner appointment:
- WorkSafe's preference is that workers attend THP appointments outside of work hours, where possible.
- If the appointment is during work hours, compensation is only payable for the time taken off to attend a THP where:
- the time off is covered by a certificate of capacity Ongoing certificate is issued for up to 28 days and can be issued by a: medical practitioner, osteopath, physiotherapist, chiropractor., and
- the time taken to visit the THP is reasonable.
For example where a worker takes off a full 8-hour working day to attend a regular appointment with their local GP, it would not be considered reasonable for the 8 hours to be payable, even if the worker is certified unfit for the whole day as per their certificate of capacity, unless the worker can provide evidence to the contrary.
- If a worker obtains an attendance certificate from their THP, compensation will not be payable for the time off work, however, the worker may be able to receive the time off as sick leave, depending on their work arrangements.