Manager has refused my time off 'request'

[MyBossIsAPillock]

I emailed him 6 weeks ago to inform him that I won't be in next week and the week after. He's just told me that my request is rejected. He says it's half term so others have already booked the time off and I'm taking the piss even asking seeing as I've barely been in this year.

Things is, the reason I've been off so much is because I've had breast cancer. The reason I won't be in for the next 2 weeks is because I'll be having radiotherapy.

I told him it wasn't a request and that I wouldn't be in. He said that then it'll become a disciplinary matter. Fuckwit. I'm not worried, HR and senior management have been excellent throughout. But what a twattish way to treat someone going through hell.

Omg what an absolute psycho. You surely must complain to HR regardless. I hope he gets the sack.

Hope treatment goes well. Please make sure you rest as it's exhausting mentally and physically. RE him... You need to report him to hr. Any paper trail he left keep it.

It is against the law to deny you time off for cancer treatment. Just go above his head and contact HR, and also make note of him saying "you had too much time off". This is discrimination.

Good luck with your treatment OP xxx

If anything, you are allowed sick leave - unpaid, whatever. If it is unpaid look at what benefits you might be entitled to. Though most large companies are not that shite and would pay you while you are off sick.

I work for a small private company and I had medical leave for three weeks with full pay.

She doesn't need a sick note.

You can’t just say I won’t be in! You have to say why and follow whatever your sick/absence policy is. There’s no question you can’t and shouldn’t work but you can’t leave any room for guesswork.

no because it’s the same as e.g. taking medical time off for medical appointments.

If you have an illness where you would need to go to hospital appointments then it’s normal practice to advise your manager in advance. Because it’s not sickness per se, it’s medical appointments which is different.

I attend clinics every three months or so following my transplant. In all honesty I often take them as annual leave or swap my days off because it’s a four hour round trip and I then can just go into the hospital, do the appointment, and go home at my own pace, also then it doesn’t go down on my sickness record which is important because if I do end up having time off sick because of infections etc brought about by my being immune suppressed, then I know this is taken into account.

But i the event I can’t do one of the above then I get a medical appointment, and that’s not classed in the same way as a day’s sick leave.

She would need some kind of fitnote/proof that she has medical appointments during that time. It’s absolutely not the case that she can just say she won’t be in, They can’t refuse her the time off, but she does need to show evidence of that time off.

Would she need sick notes to receive SSP in that case? Would the employer not need a sick note in order to claim on their sickness absence insurance?

Hope it all goes well.

You may feel you need another week off to recover. Don’t rush back.

Most of my DW’s cancer friends would say radio is easier than chemo it’s not without it’s side effects.

It's not a holiday request it's notification of sickness. Get a sick note. Take gloves and socks in with you for treatment.

I do think as very many people have asked and you’ve not responded is are you telling your manager that this is cancer leave of absence?

Your quote is ‘I emailed him 6 weeks ago to inform him that I won't be in next week and the week after. He's just told me that my request is rejected.’

this tells him absolutely nothing. Send him your sick note and tell him you are off sick for x number of weeks

Read the thread

Good luck with your treatment x

Have you got it in writing that he has denied your 'request'?
If so keep a record of the email and replies.
You absolutely do not ever need to request absence for sickness and honestly if he tried to take you to a disciplinary or dismiss you for having your treatment you would have one very happy solicitor who would win that tribunal with their eyes closed.

Yeah would be a bit strange not to tell your manager if you had planned medical treatment coming up ! Who would just phone on the day & say ‘getting surgery won’t be back for a few weeks!’ That would be very odd!

Were you intending to take the time off as holiday or sickness? If you’re unable to work due to medical issues then you should be off sick and he can’t say diddly squat. If you’re asking for annual leave he can’t say reject your request as it’s approved in line with business requirements / cover.

I think you need to be more specific about how you were requesting the time off. You’re not simply entitled to say to work, see you in a couple hours f weeks time when you feel like it, irrespective of the fact it’s for radiotherapy sadly

Please tell HR so they do crucify him.

Absolutely. There's no way he's only doing this to OP, who fortunately is able to stand up for herself a bit. He's enjoying treating people badly and he should not have that power.

If you knows you are having cancer treatment, it's not a holiday request so other team members annual leave requests can't trump your need to be off work.

If he has done this type of thing before, iit could be construed as a form of bullying and harassment not just strict people management.. Get his behaviour logged with HR. You've a lot on your plate at the moment so you may not wish to stir the pot just yet but I do think HR needs to get the measure of his management style.

Actually she is. She gave plenty of notice, told him what the time off was for and it took him six weeks to reply in the negative. Cancer is treated as a disability and is a protected characteristic under the Equality Act 2010. Radiotherapy treatment is meticulously planned and there are specific timescales to meet. The manager can’t refuse time off for essential treatment and he can’t count it towards any disciplinary action for time off sick.

Sorry I wasn’t clear was I. I meant that all OP needs to show her boss in advance is evidence of the multiple appointments she will have been given for the treatment. These are usually supplied before treatment starts. The hospital will provide a cover note - a fit note - for the duration of treatment. This is a better option than a standard sick note as they can write the note to cover the entire block of treatment course, plus an estimated recovery period if needed. It’s important to ask early though - either at the planning appointment or the first treatment.