Do I get this surgery done or do I cancel it due to work?

[sha160528]

Hi,

Ive had problems with my breathing since I was a teenager and after years of going back and forth with ENT consultants I’ve finally been referred for an op.

I’ve received the date for my operation and it’s in June. However, there’s a bit of an issue as I’m on a stage 2 at work for sickness (my daughter started nursery in September last year) Usually I get on with whatever illness she brings home and shared with us but on two occasions the bug absolutely wiped me out. The second time I was admitted to hospital with suspected sepsis. As a result of those two occasions of sickness I’m on a stage 2.

If I refuse the date for surgery then they’d need to take me off of their list and I’d have to go through the whole process of being referred by my GP etc again.

My union rep has advised that I take it off as AL but I’m worried that when I go back to work they’ll think I’ve been dishonest and I’ll get in trouble.

If I take it off as sick I’d be on a stage 3 which is more serious.

@sha160528 forgive me if you’ve already specified and I’ve missed it but -

Have you had an occupational health assessment? If not, why?

If so, what did they say? Have they notified your line manager with their advice/reasonable adjustments I.e time off for surgical procedures? (Which I’m guessing is not for cosmetic reasons)?

@AnnaL94 nope not been referred to them but my Union rep told me that my nose condition is classed as a chronic issue (more than 12 months) therefore the rules are different for it

Ignore the advice of your manager . Raise a grievance about their behaviour and have the surgery.

Ask your manager for an immediate Occu Health referral. Or even go straight to HR and request one.

If your condition is classed as chronic it could be protected by the Equality Act 2010 where your employer has to legally provide reasonable adjustments. I have a chronic condition and in my occu health report it states to treat me as they would an employee with a disability and they have to make reasonable adjustments to support me. That includes having special leave to cover medical appointments and operations.

You should in no way shape or form have to use annual leave to have a medical procedure.

I can’t believe what I am reading.

Is your union rep medically trained? That is just ridiculous. It’s medically necessary surgery. It is utterly wrong for a union rep of all people to suggest you take annual leave. NHS waiting lists aren’t your fault. Employers have a duty of care to their employees.

@daisypond I think he’s suggesting that because my manager will put me down for a stage 3 and that’s more serious than a stage 1/2. So he’s advised that if I do want to get the surgery done then that’s one way to do it

FYI there’s been unfair treatment from my manager on multiple occasions. My union rep said I could raise a grievance but he has warned me that in our organisation those that do raise one are often treated differently afterwards in covert ways so it’s whether I want to live with the consequences of that as I have no concrete eveidence as to the things my manager says due to the meetings being done on Teams

I just found my notes from the meeting and she said ‘if the date for your operation comes through you have a decision to make as to whether you defer it’ so she didn’t actually tell me to defer it but she did say if I don’t defer it I’d hit a stage 3 which goes to senior management

I haven't read anyone who said surgery is not sickness. Numerous people have said planned surgery is not included in sickness triggers and targets. This is because it's medically necessary and can't be helped. Do you think you've misunderstood?

Please check with HR whether she was correct about this, as she may not have been.

She's advising you of the process.

That's what she has to do.

Personally I'd just go for the surgery and deal with the consequences. As you've now booked leave, assuming it's approved you are sorted.

Try not to worry about it.

check with your HR at work as sometimes surgery and recovery is considered an acceptable and supported absence. It’s not like it’s cosmetic surgery.

I’m glad I’m not the only person who had this as a first thought.

2 sickness periods - 1 of which you are hospitalised.

already at stage 2.

this means they give a warning at each sickness? That’s impossible for anyone to avoid.

luckily you now have 2 years service.

most employers don’t even initiate a meeting re sickness until you’ve had 3 periods or x number of days in a set time period. Even then something like being hospitalised would be discarded.

can you speak to occupational health?

Sorry to muddy the waters, but if you’ve booked annual leave for this, and the recovery takes longer than you’ve booked, your manager will assume you’re taking the piss. I really think you need to cover yourself by emailing HR saying “as agreed with manager, because elective surgery isn’t considered sickness, I am taking AL for this operation, please be aware if recovery takes longer than anticipated I will need sick leave”.

Depends on sickness policy...
I had a stage 1 because I was over the allowed days of being off sick. I had a Dr note from day one! But there we go...
Part of my workplace stage 1 sickness absence is that you cannot have another episode within 6 months. If you do, you'll be moved to stage 2.... I gess that's happened with OP.

Lots have - eg, at 11:04:
“Surgery isn’t sickness.”

@DancefloorAcrobatics That’s what happened. I fell ill again in the LAST week of my 6 month monitoring period. I did have evidence (attached) but she wasn’t really interested in seeing it. In the end it turned out to be flu but they did suspect sepsis/meningitis based on my obs

Sorry, you might have missed my query earlier. How did you treat the days when your DD was ill - annual leave, unpaid leave or sick leave?

Just read your update about how it would go up to senior management for sickness absence. This would be good! They'll be able to see that your manager hasn't been implementing policy correctly. Please check your employee handbook. Your rep isn't giving correct advice either.

Surgery! No question