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

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  • Savvy_Sue
    Savvy_Sue Posts: 46,030 Forumite
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    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.
    and I would ask them that question! Especially as there is presumably a risk of you HAVING to take time off if this surgery doesn't go ahead as planned!
    Signature removed for peace of mind
  • Spendless
    Spendless Posts: 24,152 Forumite
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    Years ago the same happened to me! In floods of tears I rang the hospital and cancelled the op. Older colleagues than me (I was 21 at the time) told me I was being foolish and to put my health first. I told my Manager I was furious about it. He didn't want me to be off due to a stock take, which with hindsight and the wisdom of age I realise was his problem to sort not mine. When a re-arranged op date came through some months later, I again went and told the same manager. He asked 'are you asking for permission to be off?' and I said 'No, I'm informing you I will be off'. Not one more word was ever said about it.

    Speak to your HR. Good luck
  • another_casualty
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    Rocket queen have the surgery . You come first .
    I'm sure many of us have bad experiences of inconsiderate employers and ( mis) management . With that said, it's the nhs . You have to be available at all times for them. Please go to HR/Personnel and politely advise them of the discomfort you are in and how important and necessary this is to you and state your ltd time off .
    Best of luck
  • shortcrust
    shortcrust Posts: 2,697 Forumite
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    gycraig wrote: »
    If you died tommorow they would have someone else wearing uniform before your body was dry.

    :eek:

    How long does it take for a dead body to dry?! I imagine it would get wetter before it got dryer.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Just tell the employer you will be off that day if the op goes ahead.

    Get the clinic to sign you off for a weeks(or longer) recovery.
  • BakingC
    BakingC Posts: 119 Forumite
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    My view is it is medical leave not annual leave. They have little choice in the matter. If somebody got ill with no notice or had an accident and unable to work would they suddenly say no you must come in you cannot be ill on this date.

    You will have a signed Medical note from you GP due to it being a surgery with some time required off.

    Alternatively they can pay for it to be done privately if they want it on a specific date but given you already have the date it would probably not be any different going privately as you would have to go through the assessments again.
  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    Put the date of the operation in writing and state that you are only prepared to change the date if they are willing to give a written undertaking that they will accept full responsibility for any deterioration in your health and will pay financial compensation for such deterioration. That will concentrate their minds.
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    I have no sympathy with the employer here at all, but we need to be careful in the advice given. Almost all surgery is elective - "medical necessity" is a very elastic term. Many things people assume are medical necessities are not, in fact, necessary. Going into hospital and having surgery is not sick leave. Many employers would not argue the point, but technically your are not unfit for work before the operation, so unless you are already signed off for sickness, you aren't sick. You may be signed off sick as a consequence of an operation, in which case the normal rules of sick leave apply - you self certify or provide a fit note after the operation. As a result, the employer may, if they choose, refuse you permission to take leave, and may discipline you if you go AWOL. I wish to emphasise that I'm not saying any of those things will or should happen. I am laying down the legal position. Any employer who actually did those things is a lousy employer. There should be a difference between what you can do and what you do do!

    Obviously, the best action is to try to get the manager on board with this, but given that isn't possible, this is a classic case for a grievance. They have shared the health issue and its impacts with management, the management know that an operation would be necessary, and it's clear that the OP has no control over NHS scheduling. It is highly unlikely that any employer is actually going to let this situation go unresolved. But if they should do so, it is critical that the OP has dealt with this in the correct manner and has evidence that they have done so. This is, therefore, a grievance route of agreement cannot be obtained.
  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    gycraig wrote: »
    If you died tommorow they would have someone else wearing uniform before your body was dry.

    My body's pretty dry, and I'm not even dead. If you're experiencing wetness, maybe visit a doctor...?
  • sangie595
    sangie595 Posts: 6,092 Forumite
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    ReadingTim wrote: »
    My body's pretty dry, and I'm not even dead. If you're experiencing wetness, maybe visit a doctor...?
    I really shouldn't, but I'm bored... Dead bodies are washed, therefore they dry.....
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