Time off work

[kerry2656]

I have a cleaning job and they said if I'm off too long after my op they will have to let me go, I'm having it done on the nhs I thought by law they couldn't let you go for time off for a op but they said they can because it's for cosmetic reasons, I'm a little mad because I'm not having it done for my looks I'm having it done for health reasons.

 

[emmahc1975]

I hope they cant do that. Its wrong if they sack you for having wls. Id look into that

 

[donna44]

They are using threatening behaviour, they cannot sack you for taking time off, It's not classed as cosmetic, it classed as obesity surgery. If you have a doctors note from your surgeon there is nothing they can do, they don't have to pay you though but they cannot sack you. Hope this helps, I had the same argument with the company I work for, I knew my rights and they backed down and paid me full pay for two weeks. x

 

[natclaire33)]

Don't rush back to work to soon, you need to have as much time as you need to let you fully recover and get your strength back. If they did let you go it sounds like a good case for unfair dismissal.

When I eventually have my op because of where i work and what I do I may end up having a couple of months off. I work as a health care assistant in a hospital

 

[rob.74]

I believe if you have a doctors note for anything then. to sack you is unfair dismissal. but what they have said to you is bullying and scare tactics.

take your time off get a doctors note and document every conversation you have with your company regarding your operation and time off. and don't be afriad to let them know your doing it also try to do it with witness or even better do your talking through email all the work is done for you then

 

[kerry2656]

I could understand if they was paying me for being off but I am taking it as unpaid which I have no problem with.

 

[PokeyKoala]

Kerry, If you were a getting a boob job and the surgery was elective, then they would have grounds.
However as this is NHS Surgery that you have been recommended to have by your Doctor, in the same way as a new knee or an operation for a disease, then you rights are different.
Employers cannot dismiss you purely for being sick but they can dismiss you for abuse of their sickness policies and you may not have any right to sick pay, but they cannot threaten you with the sack because of a needed operation.
Employment law is a complicated area and also takes into consideration past attendance/sick days etc. It takes the full picture to give you the right advice.

I would speak with the Citizens Advice Bureau, explain the situation fully and if possible have your work contract to hand and they will give you the best advice on the subject.
It is better to have all of your ducks in a row so to speak.
It sounds to me like your work do not fully understand what you are having done and are giving you the wrong message.

 

[Muizenberg]

I'd also speak to your HR department and check the Sickness policy if these are available. Recovery time is different for everyone especially if there are post op complications. I ended up taking three months off.

 

[bettybumps]

try contacting ACAS, they can advise you for free.
Acas - Home

 

[kerry2656]

They have asked if its elective ?

 

[Slimby50]

It's life threatening surgery...if u don't have it and carry on as u are u will die young. This is what I Saud to my employer.

 

[kerry2656]

I know it just frustrates me that I have battled since I was 10 and not many people get it they think that you just wanna be skinny and that ain't the case I don't wanna live my life like this anymore this is the hardest battle ever I've lost 8 and a half stone since November and all people keep saying is 'do you really need it done' my Awnser is I've been here before so many times I wanna put a end to it this time and not have weight rule my whole life.

 

[Slimby50]

I feel for u..but I went to my hr told them it was not cosmetic surgery..stated that I would die young and they were ok after that...its better for them to give me time off rather than paying out my festh in service payout!

 

[Bluedawny]

Hi

See you tell the truth and get penalised!

All your sick note would say is abdominal surgery - if you ask your surgeon and due to confidentiality that's all you would need to say! Even if they write to your doctor - your doctor is only allowed to put down what you will allow them! Also your are well within your rights to ask to see any report before it goes to your employer and change anything you are not happy with (you have to sign a consent form)

I work in Occupational Health and when I had my band they made me take leave as it was private and elective - I learnt this time around and told them it was abdominal (couldn't argue)

Tell them gall bladder! And while you were opened up you had another procedure