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Original poster

Time off for an operation

14 replies

JorisBonson · 03/12/2019 12:12

Asking for a friend..

Friend has been given a date in December for an exploratory operation she's been waiting a very long time for. Will need about a week to recover.

Employer has a blanket ban on any leave in December and has said no.

Is this allowed?

OP posts:

Chlosavxox · 03/12/2019 12:34

So they're basically saying she has to come into to work after the operation? Or are they saying she just won't get paid for the week off?

ChristmasCroissant · 03/12/2019 12:37

Why is it being counted as holiday leave rather than sick leave? Does the employee not usually get paid sick leave and is trying to take it as holiday? They can refuse to pay holiday during that period, yes.

ScreamingValenta · 03/12/2019 12:39

You would normally get signed off after an operation, although if it's only a week's recovery, the doctor might expect her to self-certify rather than issuing a fit note.

In any event, it's sick leave, not holiday, so it shouldn't be subject to annual leave policies.

Comefromaway · 03/12/2019 12:41

It's sick leave, not holiday.

Original poster

JorisBonson · 03/12/2019 12:47

Sorry, I should have clarified; he won't let her have any time off, at all. Not holiday or sick leave. He has told her to reschedule the operation.

OP posts:

ScreamingValenta · 03/12/2019 12:49

I don't think he can do that, assuming it is a medically necessary operation. Is there a HR department she can speak to?

Comefromaway · 03/12/2019 12:55

The law does not distinguish between emergency or elective surgery when it comes to the rules around sick leave and pay. Therefore he cannot stop her.

flowery · 03/12/2019 13:55

Sick leave isn't something an employer has to 'let' an employee take. If someone isn't fit for work they are not fit for work.

The minute she has had the operation, she won't be fit for work, and will be covered by either a self-certificate or a doctor's note. The only issue is around the day of the operation, before she actually goes under the knife.

Is there a policy around how medical appointments are usually dealt with? Doctor's appointments, dentist etc?

underneaththeash · 03/12/2019 15:30

First of all, I'd try and re-schedule it.
Is it a condition that will worsen if the exploratory surgery isn't carried out? Employers have a duty of care towards their employees and this may be considered to be a breech of that duty if they refuse time off.

Comefromaway · 03/12/2019 15:35

Have you ever tried rescheduling surgery.

My mum is currently awaiting an exploratory operation for something. It's something that causes her inconvenience and pain but not major. It could be a 12 month wait and she's been told if a date comes through and she can't accept its another 12 months.

cabbageking · 03/12/2019 18:53

Just go off sick. He can not dictate when you can and can not be sick.

Dontdisturbmenow · 03/12/2019 18:57

Is it on the NHS or private? I have heard of people being refused sick leave for things like dental implants or cosmetic surgery and could only take holiday at specific times for it.

muddledmidget · 03/12/2019 19:02

I'd leave it as it is. The chances of a non-urgent operation actually happening in December are fairly slim when winter pressures hit the NHS. If she tries to reschedule she might end up at the bottom of the list

Original poster

JorisBonson · 03/12/2019 19:29

Thanks all. It's NHS. She's been waiting a long time for this and was finally referred to a specialist a few months ago. I'll pass on your comments and advice.

OP posts:

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