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Original poster

Work issues

27 replies

SmartPriceHam · 29/11/2018 01:31

Just this week I had the date for an important medical procedure confirmed. It's in 9 weeks time. I wasn't expecting it to happen until April or later. It's on the NHS so I really don't want to cancel or rearrange (can I even do that?) as I've already been waiting almost 3 years and this procedure will change my life.

I let my boss know as soon as I could that I'd like to take the time off as holiday as I have not been allowed to take any holiday at all this year (we are understaffed) but other staff have taken at least 10 days each. I have a physical job where I am on my feet for 8-13 hours a day, I lift and carry things that can be quite heavy and walk up and down stairs. My doctor recommended 4 weeks off work to recover. There is no option for me to sit down to do my work. I'd like to take the 4 weeks but said to my boss I would take 2 weeks plus 2 days.

My boss said no, my holiday request was denied and I need to cancel or rearrange the medical procedure. They even went as far as suggesting my husband works overtime or picks up a second job so he can pay for me to go private so I can schedule it for a time that suits my boss. Shock I thought that was a joke but it was a serious suggestion.

I just don't know where I stand. Can my boss really dictate my life like this? I don't want to lose my job. I don't really understand what my rights are either. I am sick with worry that I will end up having to wait another 3 years for this procedure or I'll end up unemployed.

OP posts:
EBearhug · 29/11/2018 01:41

Shouldn't it be sick leave, not holiday?

Employers can deny you taking holiday at particular times, e.g. busy periods or if it would leave the place with too few staff. But they can't deny you taking holiday entirely - you are legally entitled to take leave during the year, and part of management is balancing that so everyone takes their leave entitlement and they're not left with 3 people having 4 weeks left to take at the end of the leave year.

I don't know the legal po

MaderiaCycle · 29/11/2018 01:43

Sick leave. Not holiday.

EBearhug · 29/11/2018 01:46

...position around medical leave, but it's never going to be a convenient time. I would check any company handbook, check with a union or ACAS, but I would also be approaching it from a position of fact, that it is happening and the timing is non-negotiable and not in my hands, so he has to suck it up. You do need to confirm if policies back that up, but I'd rather look for a new job in that position, if policies don't go in favour of taking medical leave when required.

Is there anyone higher you can escalate to?

HoppingPavlova · 29/11/2018 01:48

It is sick leave not holiday leave. You will have a medical certificate that will cover the time required for your procedure and recovery. Your workplace cannot refuse this.

Original poster
SmartPriceHam · 29/11/2018 01:53

I figured I would apply for it as holiday as I have not used any and I won't have any other time to use it up. I didn't get take any holidays last year either. We are busy all year round and we are understaffed.

Can my boss deny me sick leave if it is planned in advance?

OP posts:
HoppingPavlova · 29/11/2018 02:02

No, they can’t deny it as in this instance it is a medically necessary procedure where you have been on a wait list and you have no ability to dictate the timing. If everyone tried to dictate their dates around their work and social calendars the whole system would crumble.

NorthEndGal · 29/11/2018 02:05

The issue is trying to use it/claim it as holiday time.
Just apply for sick leave, as it is a medical necessity
Sort holiday schedule issues at another time, rather than try and time them together

Rememberallball · 29/11/2018 06:22

I would also have a chat with ACAS about the leave situation. I dont think it’s legal for you not to be able to take any leave - especially if other staff are being given holidays.

MaverickSnoopy · 29/11/2018 06:38

By law employers MUST let you take statutory holiday entitlement. That's another issue though, for another time.

Don't try and help them by taking it as annual leave. Clearly they don't give a shit about you. Short term solution take it as sick leave with a doctor's note and speak to acas if you have trouble. Long term solution find another employer. Not a wonder they are having staffing issues.

RunSweatLaughAndLatte · 29/11/2018 06:41

Wow you haven't had holiday for two years!! They are wankers!

Get signed off.

WWYDhelpplease · 29/11/2018 06:48

I am sure what they are doing is against the law. You must have holidays. You should be taking sick leave however, if in your contract they don’t pay if you are off sick then I can see why you’d ask for annual leave.

LookImAHooman · 29/11/2018 06:52

I didn't get take any holidays last year either

What?

Moreisnnogedag · 29/11/2018 07:06

You desperately need to find another job. It’s sick leave and he doesn’t get to be an overlord dictating your life. What on Earth do you do?

AndhowcouldIeverrefuse · 29/11/2018 07:10

All businesses are busy. Yours is badly managed by the sounds of it.

You are entitled to annual leave and sick leave. Sounds like your manager us breaking the law.

IceRebel · 29/11/2018 07:14

Is there any reason you can think of that would mean your colleagues are getting holidays but you're not?

I really don't understand why you didn't raise the lack of holidays as an issue last year. Confused

Cailleach · 29/11/2018 07:17

I don't understand why you didn't take holidays last year. It is illegal for your boss to refuse to let you take holidays or sick leave. If he refuses he could be prosecuted.

You are being taken for a mug.

Alfie190 · 29/11/2018 07:25

You don't ask for annual leave, you tell your boss you are having an operation and will be taking four weeks sick leave.

You are being taken for a mug here, you need to raise a grievance regarding the annual leave situation. If that doesn't work, then I would resign and take them to tribunal for constructive dismissal.

SexNotJenga · 29/11/2018 07:28

What Alfie said. This shit isn't normal.

FaithInfinity · 29/11/2018 07:46

I work in theatres. I can confirm that if you ask, the surgeons will write you a sick note after your operation. You need the op. If you decline the date, you may get pushed to the back of the waiting list.

Honestly, if your workplace is so disorganised they won’t let you take holiday, I would seriously look for another job.

MrsAmaretto · 29/11/2018 08:47

Do you work for a small private company? Your boss seems totally unaware of employment law.

You are telling him you are taking Sick Leave. You will get a “doctors note” from the hospital (make sure & ask for one) that will sign you off work for the operation and the time needed afterwards to recover. Legally your employer has to pay you statutory sick pay. That is the law. If you have not fully recovered by the end of your sick note, you go to your gp and get another sick note.

Fluffyears · 29/11/2018 08:51

Tell him you except the denied annual leave so it will be sick leave and damn we’ll take the full 4 weeks. You will be coveted by a sick note. Also afterwards raise thevfact that you have not had annual leave, were you paid for the entitlement you didn’t get?
Are you in a union?

MrsMoastyToasty · 29/11/2018 08:51

Annual leave is a contractual obligation. The employer is failing to comply with the contract. How can you be expected to fulfill your side of the contract and function properly if you don't have holidays to relax?

peachypetite · 29/11/2018 08:52

This isn't holiday, it's a medical procedure. You need to stand up for yourself and look for a new job too.

ShotsFired · 29/11/2018 08:52

To put your repeated annual leave denial in context...

For various reasons, it would cause me and my team a lot of grief to take all my remaining leave before the holiday year runs out. So I requested/volunteered to take it over to next year.

I had to get formal HR and company director permission to NOT take my leave this year!

So to be denied entirely is really really bad form.

CherryPavlova · 29/11/2018 08:54

Necessary elective surgery is covered by sickness absence -whether your employer likes it or not.