Time of for operation

sarahgo_2

I have been unwell and got rushed into hospital with severe pain and temp and sickness and been diagnosed with severe gallstones.

I have used holiday up for this and some appointments as my employer asked to come back to work although I had a sicknote by the hospital doctor.

My operation was cancelled when they did an ecg and found I had an irregular heartbeat and that needs investigation.
I do not think I will be allowed any more time off for appointments, or an operation and am in constant pain and painkillers as it is classified as severe.

I am on a low fat diet and am not over weight.

Do I have rights re work and medical needs. The hospital said my op would be in about a month and I know others have holidays then, so would have to refuse operation to work.

I am struggling with feeling unwell and the pain.

Thanks for any advice.

Fiddlestick

I strongly suspect that your employer would be failing in their duty of care to you as an employee if they did NOT give you time off work to have the operation.

They might make it unpaid time off, but I can't reasonably see how they can refuse you.

Someone more knowledgeable will be able to help further though.

Savvy_Sue

What does your contract say about sick pay? Do you have any contractual sick pay, or would you be on Statutory Sick Pay?

Your employer cannot refuse to pay SSP if you have a valid Fit Note from your GP unless you're part time and don't earn enough to pay NI. If they don't have to pay SSP then they should tell you why, and signpost you to what you can claim.

And you do NOT have to refuse the operation so that you can cover at work. What matters more, your health or your work? How would it help if you collapsed again?

MissSarah1972

Fiddlestick wrote: »

I strongly suspect that your employer would be failing in their duty of care to you as an employee if they did NOT give you time off work to have the operation.

They might make it unpaid time off, but I can't reasonably see how they can refuse you.

Someone more knowledgeable will be able to help further though.

I didn't think an employer had to give you time off for doctors or hospital appintments/operations.

If you are attending appointments that would have to be holliday or unpaid but an operation where you get signed off from work would be SSP, yes - unless of course your work pays sick pay.

I am sure they can still refuse the time off for appointments if you have no holiday left or they just wont allow you to take the time.

Sambucus_Nigra

MissSarah1972 wrote: »

I didn't think an employer had to give you time off for doctors or hospital appintments/operations.

If you are attending appointments that would have to be holliday or unpaid but an operation where you get signed off from work would be SSP, yes - unless of course your work pays sick pay.

I am sure they can still refuse the time off for appointments if you have no holiday left or they just wont allow you to take the time.

What does your contract say about SSP?

MissSarah1972

Sambucus_Nigra wrote: »

What does your contract say about SSP?

I dont have a job at the mo so it says nothing. I was under the impression you get ssp if you are sick not just at an appointment. That would be holiday or unpaid if work let you have the time off.

InsideInsurance

You wouldnt get SSP for an appointment because SSP only pays after 4 days continuous absence for sickness

V_Chic_Chick

MissSarah1972 wrote: »

I dont have a job at the mo so it says nothing. I was under the impression you get ssp if you are sick not just at an appointment. That would be holiday or unpaid if work let you have the time off.

Hang on . . . are you the same person as sarahgo (the OP)?

MissSarah1972

Sambucus_Nigra wrote: »

What does your contract say about SSP?

V_Chic_Chick wrote: »

Hang on . . . are you the same person as sarahgo (the OP)?

Erm no but Sambucus Nigra quoted my post when they asked the question so assumed (oh how stupid) they were talking to me.

getmore4less

sarahgo wrote: »

I have been unwell and got rushed into hospital with severe pain and temp and sickness and been diagnosed with severe gallstones.

Should have asked for fit note to cover that period

I have used holiday up for this and some appointments as my employer asked to come back to work although I had a sicknote by the hospital doctor.

oh you did so no need to use holiday and you should not have gone into work

My operation was cancelled when they did an ecg and found I had an irregular heartbeat and that needs investigation.
I do not think I will be allowed any more time off for appointments, or an operation and am in constant pain and painkillers as it is classified as severe.

I am on a low fat diet and am not over weight.

Do I have rights re work and medical needs. The hospital said my op would be in about a month and I know others have holidays then, so would have to refuse operation to work.

I am struggling with feeling unwell and the pain.

Thanks for any advice.

When you go in for the op next get another note to cover the recuperation time.

DOn't let work dictate your ops unless they are paying private and bringing it forward(and your doc approves)

Fiddlestick

MissSarah1972 wrote: »

I am sure they can still refuse the time off for appointments if you have no holiday left or they just wont allow you to take the time.

Whilst this might be a contrived example, I really can't see an employer refusing time off some something like chemotherapy doing terribly well in the resulting employment tribunal.