Being sick from work

[NorthamptonGirl]

Hi all,

I think I'm probably jumping the gun as I don't even know when I am going to be having the surgery yet! But I need to be getting things sorted in my head as it is driving me mad!

I have been honest wtih my managers at work, and have told them that I iwll be having this operation shortly.

Yesterday my manager told me I will need to have the time off as holiday, rather than sick - she said

"And I don’t know if it would be sick, unfortunately I think it would be seen as cosmetic. And I see what your saying, however it is a choice. "

I totally disagree with this, it isn't a choice, it is a live changing, if not live saving, operation.

Has anyone else had any problems with having time off work? Does anyone know if my manager is right with this or not?

Thanks xxx

 

[borogirl]

Hi mine was an nhs operation and I said that it was an nhs procedure, not cosmetic so they didn't argue. Your doctor will give you a sicknote regardless private or nhs. Good luck x

 

[Matra]

Do you have a contract? I checked mine prior to telling them and it specified under sickness leave something like 'unfit to attend expected duties' - didn't specify procedures etc.

 

[NorthamptonGirl]

thanks both,

they've come back saying that they will re look at it once i get a letter from the hospital - but it will probably still need to be unpaid.

grrrr

 

[Lincs Lass]

It might be worth contacting ACAS for advice (0300 123 1100).

It could be there is a cut and dried employment law covering this so that will save worrying or else they will tell you what terminology to look out for in your contract x

 

[PokeyKoala]

I would advise the same as Lincs Lass - get proper advice, if not for you, then to show your employer, this is still a procedure which many HR depts know nothing about - it's a fine line when it comes to employment law because it's a complicated matter.

While bariatric is not cosmetic in the same way as a boob job is if you are perfectly healthy but just want bigger boobs. A breast reduction can sometimes be seen as essential if larger breasts are causing severe back pain and time off work, then the case is different.
The same is said for Bariatric surgery - If your weight is causing significant health problems then while obesity is not a disability in itself, it could be the cause a disability - mobility, breathing, musculo-skeletal problems - all of which would be helped with the surgery.

You will probably need the support from GP and Team to show that this is a procedure undertaken for the sake of your health and not for vanity.

Let us know how you get on - it would be really helpful for others on here.

 

[princess4d4]

i would suggest getting some form of legal advice through cab or a union or similar

 

[NorthamptonGirl]

thank you all - i might speak to the union here actually. i will let you know how i get on

whilst i can see their point that bariatric surgery CAN be seen as cosmetic, they need to see that this isn't necessarily the case.

 

[mighty1888]

I've recently received my letter stating that they were putting me forward for bypass surgery funding, I had spoken to my work prior to it getting to this stage as I had to attend S.L.I.M 6 months prior to the letter and the slim group always fell within working hours. They allowed me time out from work to go to appointments, and are expecting me to be off for about 3 months sick after the operation (from looking this up I shouldn't need this long if there are no complications) however have advised me I have up to six months before they will stop my sick pay.

I have explained it's a life saving operation, and the health issues that are linked to obesity and that in the long run it would be less time off work in recovery than I would be taking with obesity related illnesses. Working for a high street bank where most are considered a "pawn" they were surprisingly accommodating and understanding.

I would be completely offended by the comment made stating it's cosmetic, it shows lack of understanding and willingness to want to understand.

I would def check your contact and every policy you can find that your work place has and consult your union if your a member.

I hope it all gets sorted

X

 

[NorthamptonGirl]

I've recently received my letter stating that they were putting me forward for bypass surgery funding, I had spoken to my work prior to it getting to this stage as I had to attend S.L.I.M 6 months prior to the letter and the slim group always fell within working hours. They allowed me time out from work to go to appointments, and are expecting me to be off for about 3 months sick after the operation (from looking this up I shouldn't need this long if there are no complications) however have advised me I have up to six months before they will stop my sick pay.

I have explained it's a life saving operation, and the health issues that are linked to obesity and that in the long run it would be less time off work in recovery than I would be taking with obesity related illnesses. Working for a high street bank where most are considered a "pawn" they were surprisingly accommodating and understanding.

I would be completely offended by the comment made stating it's cosmetic, it shows lack of understanding and willingness to want to understand.

I would def check your contact and every policy you can find that your work place has and consult your union if your a member.

I hope it all gets sorted

X

Hi,

I work for a well known bank too... it doesn't surprise me they are being like this!

I have spoken to a friend who is a union rep and he said "to be honest I don’t know what is covered or not covered with regards any elective surgery. It may be that you may need to get additional information from your GP supporting the reason why you need to have this." So I am going to get a letter from my doctor/the hospital and pass this to them.

I really wanted to get it sorted before I go on holiday in 2 weeks as I didn't want it hanging over me!

Thanks all for the advice

 

[SHARONA]

PokeyKoala is so right i did this in Management training with my company the other day. If its for health issues your emplyer cant refuse you paid leave look closely at your employer manual or handbook and contract they can refuse you .You could take them to a tribunal. All the best

 

[NorthamptonGirl]

Thanks for this Sharona - i spoke with someone in HR and they are on my side so, for now at least, work seem to be letting me have the two weeks sick x

 

[SHARONA]

NorthamptonGirl Thats great ! And if you need more time take it as sick just get a doctors note to back you up. Meant to say in my previous note they cant refuse you (not can) so stay strong it will be fine .All the best hun x

 

[scooter81]

My employers absence policy classes surgery as cosmetic. I had my op booked off as holiday but wound up with the 6 months off as sick pay and holiday still to take.

 

[NorthamptonGirl]

Scooter - that's the problem I was having.. they were classing it as cosmetic surgery

 

[louloumoo]

I work for the NHS, I was told my Band was considered elective surgery. I am undertaking it, I have chosen, I understand that. I excepted this as I didn't want it sick anyway, only needed a week for the band so was happy to take holidays, But I know I could of argued the "elective" part... It is not poorly cosmetic, it is being done on the NHS not private (as I was) and it is to save your life. I have gallstones, they rarely flare up (touch wood) yet I was offered surgery to remove my gall bladder which would of meant 6 weeks sick leave! Come on who can argue the difference!!!!? Surly that is elective?!
I think if u put up a good fight you should be ok, the point being non of their policies identify what constitutes "elective" and "cosmetic" so it ends up coming down to a personal view of the decider! Put a really comprehensive letter together and send to the HR director.. Be smart and you should win this one.
Oh and just to add, I did have a week off sick after my leave had finished as I wasn't ready and NO one said boo!

 

[NorthamptonGirl]

thank you for your help ...

touch wood it's sorted but if not i will definitely be referring back to this thread!

 

[Lippyloirston]

Unfortunately, your company can decide to withhold the occupational sick pay element of your wage, but obviously not the statutory element if you have a medical certificate. If your company has an absence policy it may mention elective surgery (I know more and more organisations are now including this in their policy, as more folk opt to have bariatic surgery).
I work for a local government employer who have brilliant terms and conditions, but they didn't want to pay me the occupational sick pay. I fought it, it was very stressful, on top of everything else. We eventually compromised and I took some time as annual leave. I would suggest you try and have everything in place prior to going off for your op. Good luck, hope everything works out for you.

 

[NorthamptonGirl]

Thank you.

I agree I definitely need to have it all sorted before going off sick

 

[natclaire33)]

I to work for the nhs in the operating theatres department where I will be having my operation, I am waiting for a date for my sleeve surgery.

I bumped into someone from work who herself has had a bypass, she said if I get a date for the op in august the clinical manager will prob ask me to get I different date as they are going to be short staffed! Anyway I am already off on two weeks holiday in august so it would only be a couple of weeks in august that would be a problem, well for them anyway.

I am going to try and catch the consultant that I am under and see what he says as I don't want to have to wait a few extra months.

Are they aloud to make me change the date, I don't think they are but would welcome other opinions