Annual leave for operation recovery?

banker75

Hi,


I need to have an operation which will require two weeks off work for recovery.


I am only entitled to SSP and cannot afford to lose the wages, so I have requested that I be allowed to take paid annual leave instead, which the company has refused.


Is there any statutory right to be allowed to take annual leave instead of sick leave for something like this? I know, for example, if I was having elective cosmetic surgery I would be expected to take annual leave for my recovery.


Any advice or links to helpful information would be much appreciated.

k3lvc

Can't offer any advice on the legal aspects but out of interest how long have you worked there and what's their reason for refusal ?

Comms69

No.


But why have they refused?

banker75

I've only been here 10 months. they've refused on the basis that it's 'policy'.


I've found this which suggests that they could allow it, but it basically comes down to goodwill. Of course, if I was having an elective surgery (eg cosmetic surgery) I would have to take annual leave for recovery under their sickness policy so there does seem to be an element of unfairness here.


https://www.employmentsolicitor.com/okay-let-employee-use-holidays-recover-medical-operation/


I've sent the link to my boss and asked if they would be prepared to exercise discretion, so I'll see what they say.

Comms69

banker75 wrote: »

I've only been here 10 months. they've refused on the basis that it's 'policy'.


I've found this which suggests that they could allow it, but it basically comes down to goodwill. Of course, if I was having an elective surgery (eg cosmetic surgery) I would have to take annual leave for recovery under their sickness policy so there does seem to be an element of unfairness here.


https://www.employmentsolicitor.com/okay-let-employee-use-holidays-recover-medical-operation/


I've sent the link to my boss and asked if they would be prepared to exercise discretion, so I'll see what they say.

Don't push too hard - you could end up with a weeks notice!

ReadingTim

What policy?

If you're looking to take annual leave, then the usual annual leave policy will apply, ie you may need to accrue it, can't necessarily take it at busy times, or when other departmental members are also off - it might be that policy which you're falling foul of, regardless of the reason you're looking to book it off.

Also, it's not really your company's issue that you can't afford to lose the wages, so don't push that too hard. Instead, and almost counter-intuitively, suggest saying that if annual leave isn't granted, you'll need to take unpaid leave instead, as you don't feel you'll be well enough to work. This establishes that you won't be coming in regardless, and might make them realise that they're better off paying you for it now, rather than having you off now, and again when you book actual holiday...! Might be worth a try, but, as other posters have said, don't push too hard as you haven't been there that long....

All the best for the recovery.

TBagpuss

I think it would be reasonable to ask them to clarify which policy they are referring to, and whether they are able to explain why you are not being allowed - if you can do this in a way which makes clear you are trying to understand, rather than trying to argue, you may get clarification.

It may be the standard holiday policy and that the problem is the specific two weeks you want.

I know that some firms have got into trouble for telling staff to use holiday when they were sick, maybe they want to avoid being accused of doing that so have a policy against allowing people to do it even if they wish to. (I could see cosmetic surgery being an exception to that as it could be framed as something people chose to do without any medical need, rather than being a result or illness or injury)

Masomnia

That's annoying.

The logic behind the legislation around annual leave is that you are properly rested and have 'quality time' off. So if you're off because you're sick it doesn't count as proper rest, supposedly.

In this instance you want to take the time, and it would be financially in their interests to grant it because they will in all probability have to give you the paid time off later in the year. Unfortunately though you have no right to take it off as annual leave so you're just appealing to their good will. Good luck and I hope you make a swift recovery.

ReadingTim

I would suggest that it's actually in employees' best interests for there not to be any legislation in this area, as unscrupulous employers would force employees to take annual leave instead of sick leave.

That said, if they did, I'm sure the number of [STRIKE]hangovers[/STRIKE] those mysterious 24-hours bugs would fall significantly.....

banker75

thanks for advice everyone. I've reached an agreement whereby I'll take one week's sick leave (after which I should hopefully be fit to return), otherwise I can take up to a week's annual leave on top.