Operation required work say I can't have time off on this date

rocketqueen

I've known for a couple of weeks that I will need surgery shortly. So I warned work and they advised me that I wouldn't be able to take the time off on certain dates in the next couple of months due to a variety of different reasons.

I've just got the date and inevitably it's on one of the dates work have said I can't take off .

The surgery is medically necessary, not cosmetic and quite urgent as I am in a lot of pain. It is on the NHS and under general anaesthetic etc.

My question is can my work tell me I cannot have the time off for this operation, as I am worried that if I cancel the surgery then I will either wait months or if a new appointment comes it will again be on a date I can't go.

I never take time off sick but this time really need the time off for this surgery.

TELLIT01

They can, but I can't understand any sensible employer do so. You could simply say to them that you are going in for the operation as you can't potentially wait several months for a new date. That's the line I would take although you will be at risk if you have been with them under 2 years. Over that time, if they tried to sack you I'd be looking towards tribunal.

rocketqueen

TELLIT01 wrote: »

They can, but I can't understand any sensible employer do so. You could simply say to them that you are going in for the operation as you can't potentially wait several months for a new date. That's the line I would take although you will be at risk if you have been with them under 2 years. Over that time, if they tried to sack you I'd be looking towards tribunal.

Thanks for your reply I've been there nearly 10 years.

Nile

Hi rocketqueen

I don't know if this applies to your NHS region but in ours, we have an option to ring the appointments dept to ask to change an appointment. Could this be a possibility for your operation date?

Are your employers aware of your pain..........or are you doing a good job of hiding it? I can't understand any caring employer denying someone the opportunity to have essential surgery and expect you to continue suffering.

I hope things work out well for you.

Nile

Fireflyaway

I think that's really mean of your employer, especially after 10 years service! A few years back I had my gallbladder removed. I told my company when it was happening and that I would be off. They were fine but to be honest I would have gone anyway. Health is very important and you shouldn't suffer pain or complications delaying procedures that you need. If they have notice they can arrange cover. What would they do if someone was suddenly absent. They should have contingency plans.

rocketqueen

Hi Nile - thank you for your post.

My appointment letter just gives me a phone number to call if I don't want to go ahead with the surgery on that date and a warning if I cannot attend I may have a significant wait for new appointment to be sent. Which I'm concerned could again be a date work won't allow on top of not wanting to be in pain any longer then necessary.

My manager is aware of the pain and the medical problem I am having and has seen evidence in the form of severe swelling to back this up.

I will speak to them in the morning and try to explain it all again.

TELLIT01

My brother-in-law was told his situation was so severe that he must have the surgery by the end of January 2017. That was said by the Consultant in the previous October. He managed to keep working until mid Jan when he finally had to be signed off work. He called the Consultant's secretary to ask about the operation date, only to be told there was nothing in the diary. Cut a long story short he had the op at the end of June 2017. If there's that kind of wait when the Consultant says it's urgent, imagine how long you might have to wait if you turned the date down.

gycraig_2

If you died tommorow they would have someone else wearing uniform before your body was dry.

rocketqueen

Thank you for all the replies.

The operation is pretty urgent, as only saw consultant less then 2 weeks ago and got date for operation today in 6 weeks time - I wasn't expecting it anywhere near that soon!

I had also had the thought that they could well cancel the op on the day or couple of days before!

It's silly really as whilst I can appreciate that in my role I do normally need to be there on certain days, what would happen if I was in an accident or rushed into hospital - there'd be in the same position with no prior warning or back up plan.

Thank you all again for all the replies, as I was questioning if it was me being unreasonable.

nicechap

rocketqueen wrote: »

I've known for a couple of weeks that I will need surgery shortly. So I warned work and they advised me that I wouldn't be able to take the time off on certain dates in the next couple of months due to a variety of different reasons.

I've just got the date and inevitably it's on one of the dates work have said I can't take off .

The surgery is medically necessary, not cosmetic and quite urgent as I am in a lot of pain. It is on the NHS and under general anaesthetic etc.

My question is can my work tell me I cannot have the time off for this operation, as I am worried that if I cancel the surgery then I will either wait months or if a new appointment comes it will again be on a date I can't go.

I never take time off sick but this time really need the time off for this surgery.

Well, clearly they have told you that you can't have it but I suspect that's a mistake. Different organisations have different rules and processes, I'd start with your staff hand book or HR Policy. As its a planned procedure, it wouldn't count as 'sick' leave where I am, I'd get a form of special leave. Some types of special leave are automatic, some are discretionary, some are paid, some are unpaid or make the time up another time. I'd guess your local manger has made an error or just doesn't know the rules and only has a short term outlook.

I would have another conversation with them, explain that its absolutely necessary, otherwise the consequences will be an much larger amount of sick time and, potentially, a claim on their insurance as from a H&S perspective, refusing you to have the op, will increase the risks at work for you.

If a open conversation doesn't work, then go higher up the tree and speak to HR to get the proper answer.

What has your union advised?

bugslet

As an employer, I find that embarrassing. People don't have medically necessary operations on a whim, or on a date of their choosing with the NHS. If things get worse because you turn down the op then you may find yourself off work for far longer.

I really would see them again and explain that you have tried to change dates (normally I don't like lying, but in this case I'd lie), and you really need the op therefore you have no choice but to take the time off.