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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To worry that my sick note won't be accepted

15 replies

Yellowcakestand · 07/11/2022 15:22

I had elective surgery last week. Due to this I took annual leave (as per policy) on the day of the procedure and the following day with a view of wfh from today.

The recovery is worse than expected and as a result of a post op appt today the hospital have issued me with a sick note dated from the day after surgery for a number of weeks.

Can an employer decline a sick note? It doesn't state this particular situation anywhere in the attendance/sickness policy.

I don't have enough annual leave to cover this period and cannot afford to take unpaid leave.

Any thoughts/experience of this?

Thank you

OP posts:
hugznotdrugz · 07/11/2022 15:23

If your sick note covers your AL you may be asked to use sick leave instead of AL I believe

GrannyAchingsShepherdsHut · 07/11/2022 15:32

As I understand it - regardless of what the surgery was for you would be entitled to SSP as you are now unfit for work.

Elective covers non emergency surgery for health reasons and also cosmetic surgery. If it was purely cosmetic you might find your company policy is that you aren't entitled to enhanced sick pay.

This might help? www.hrdept.co.uk/blog/employees-entitled-sick-pay-elective-cosmetic-surgery/

Iusedtoplaytherecorder · 07/11/2022 15:38

In my company we have a specific clause around sick leave for elective surgery (that isn't related to ongoing health issues) which is that There is no company sick pay for elective 'cosmetic' procedures. You can take annual leave or if you've run out then take unpaid leave and claim SSP if you qualify.

Yellowcakestand · 07/11/2022 15:40

Thanka. It wasn't cosmetic.
It was routine elective sterilisation which was due to a number of factors.

OP posts:
Iusedtoplaytherecorder · 07/11/2022 15:44

The type of surgery is key here - elective as in preventative or elective as in cosmetic?

Elective for preventative could mean a mastectomy to reduce your risk of breast cancer if you have a genetic risk.

Elective cosmetic could be something like liposuction or a tummy tuck purely for cosmetic reasons.

In the first example you are likely to be covered by company sick pay. In the second example it's highly unlikely you'll receive company sick pay.

If you then have complications resulting from the second example, that would be considered at your own risk and in my company would be unpaid. HOWEVER, depending on what your reason for the extended sick leave is, you might be eligible for company sick pay. It gets complicated.

Iusedtoplaytherecorder · 07/11/2022 15:46

Sorry cross posted.

Was it on advice of a medical professional? If so then I'd say it wasn't purely elective and in my company this would be covered for company sick pay.

If it was purely your own choice then you wouldn't get CSP.

Longdarkcloud · 07/11/2022 16:11

I was of the understanding that the sick note should not state the reason why sick leave I needed for confidentiality reasons.
Sounds as if your surgery want for purely elective reasons so you just say it was recommended by doctors.
My planned knee replacement surgery was described as elective but no one in their right mind would say it wasn’t a surgical necessity.
So there should be no problems. If you are questioned just say it wasn’t cosmetic and refuse to go into further detail

Yellowcakestand · 07/11/2022 16:25

It was an option put to me by my GP. 1 - because of the side effects I get from all hormonal contraception. 2 - due to anxieties resulting from previous pregnancies

OP posts:
Thewonderofyouth · 07/11/2022 16:26

A statement of fitness for work, or fit note, absolutely must state the medical reason for said note.

It would also be really stupid to just refuse to give your employer any further information, unless you really do want them reach the conclusion that your absence isn’t necessary, in which case you might as well just ask them not to pay you the enhanced occupational sick pay. So, yeah, don’t pay any notice to be what @Longdarkcloud said.

The most you can do is be open and honest about the nature of your surgery, and why it has now been decided that you’re medically unfit for work. If your manager is in doubt, they can consult with HR.

Yellowcakestand · 07/11/2022 16:29

Lol. Thanks. They absolutely know what it was and is for. :)

I just wanted to know if anyone had ever had a sick note refused in a similar situation.

I didn't think I need as long as it currently on it anyway so thinking just this week would be enough..fingers crossed

OP posts:
Iusedtoplaytherecorder · 07/11/2022 18:25

Hmmm, I would ask your HR team for guidance. This would come under genuine sick leave with us and you would receive company sick pay.

hugznotdrugz · 07/11/2022 18:36

Once you submit a sick note you can't return before the end date unless you get a dr to write a return to work note confirming your OK to go back

Iusedtoplaytherecorder · 07/11/2022 19:12

hugznotdrugz · 07/11/2022 18:36

Once you submit a sick note you can't return before the end date unless you get a dr to write a return to work note confirming your OK to go back

That's not correct.

If you want to go back to work before the end date on your fit note you should discuss your return to work with your employer.
You should go back to work as soon as you feel able to and with your employer's agreement. This may be before the fit note runs out.

Yellowcakestand · 07/11/2022 20:42

Iusedtoplaytherecorder · 07/11/2022 19:12

That's not correct.

If you want to go back to work before the end date on your fit note you should discuss your return to work with your employer.
You should go back to work as soon as you feel able to and with your employer's agreement. This may be before the fit note runs out.

Yes, this is true. You can go back before the end date

OP posts:
goodmourning · 07/11/2022 20:43

I can’t imagine they can refuse to accept a fit not from a doctor

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