Time off for kidney donation?

JReacher1

It might just be me but if my brother needed a kidney from me then it's so incredibly serious I would give him my kidney. I obviously wouldn't want to lose my job but if it's a choice between my brothers life or my job then it's his life.

I would therefore do the operation and see what my employers did, if they fire me, then they fire me. I would not remotely consider whether or not they fired me as a reason for or against doing the operation.

Something's are more important than work and I think this is one if them.

theoretica

JReacher1 wrote: »

Something's are more important than work and I think this is one if them.

I agree that donating is an amazing and important thing to do, but if by researching and talking to your boss you could donate and keep your boss and finances reasonably happy wouldn't that be better than an either/or choice?

FBaby

The OP has decided to go through a medical procedure that was not recommended nor required for his health

On that basis, you could argue that if you look after your partner who has flu, you are putting yourself voluntary at risk of catching too, so if you do fall ill with it, would it be right that your employer tells you to take holiday time when you are off with it?

System

You can't beat using the reductio ad absurdum argument.

If you need to go through a major medical procedure to look after your partner then yes they could be asked to take holidays

The bottom line is that you have voluntarily chosen to go through a medical procedure that is not required for your health and it WILL remove you from the workplace for at a guess 12 weeks or more. Why should the employer have to fund your choice?

Takeaway_Addict

OP has to be reasonable to the employer as well so if they were expecting that they were going to be paid for no work then it is severely misguided.

The employer has already indicated that it should be holiday and sick pay which is fairest overall. I would suspect the day of the operation is holiday and the time off afterwards is sick.

duchy

I suspect that most companies wouldn't fire you -or would reinstate you on appeal (so have to pay you from time of dismissal to time of reinstatement) once they realized you would take it to a tribunal and their actions would be public knowledge and reported widely. Finding a savvy lawyer to represent you Pro Bono as it would be high profile would be easy with a case that would be widely reported like this.

Decency aside (and nowadays some companies have none) most companies wouldn't sack you to avoid the above. That said you seem to have a positive response from one of the directors already so I'm unsure why you think they would act poorly.

Undervalued

theoretica wrote: »

This article is quite definite that you would be entitled to statutory sick pay while recovering from the operation. If you normally get better sick pay than this it would depend on your contract whether it is guaranteed or at your employer's discretion. http://www.timeshighereducation.co.uk/news/workplace-practicalities-of-cosmetic-and-elective-surgery/402394.article

Yes, STATUTORY sick pay which is not a great deal. Any COMPANY sick pay would be at the employers discretion as would how much, if any, latitude to give before embarking on a capability process.

As I keep saying, if the employer is "on side" with this then fine. If they are not then you have to factor in a real risk to your employment.

I agree, some things in life are more important than keeping your job and this may well be one of them. However, it is best to go into it with your eyes open rather than get a nasty surprise.

Undervalued

duchy wrote: »

I suspect that most companies wouldn't fire you -or would reinstate you on appeal (so have to pay you from time of dismissal to time of reinstatement) once they realized you would take it to a tribunal and their actions would be public knowledge and reported widely. Finding a savvy lawyer to represent you Pro Bono as it would be high profile would be easy with a case that would be widely reported like this.

I agree with the part I've highlighted in red.

However the rest is largely nonsense. If the firm were to follow proper procedure then I struggle to see a valid tribunal claim. This is not a "protected" area (maybe it should be but it is not).

You might get a "sob story" in a tabloid if the employer is a household name but that doesn't mean you have a legal claim.

FBaby

The employer has already indicated that it should be holiday and sick pay which is fairest overall. I would suspect the day of the operation is holiday and the time off afterwards is sick

That's what I had in mind. How is it any different to someone who goes on holiday, goes binge drinking, then decided that it is fun to walk on a high wall, falls off and break both legs, therefore needing to be off for 12 weeks?

Does it come down to valuing what is planned, and what is putting yourself at high risk of outcome? Insurance consider that a claim resulting from an accident as a result of binging makes it void, so clearly there is an indication that it is not that different.

System

Did he intend to break both legs? If so then it is in the same category as intentionally having a healthy kidney removed from your body