Cancelled operation - will employer pay?

Red-Squirrel_2

sangie595 wrote: »

People often fail to appreciate, and employers equally don't know or deliberately overlook, but actually there is no right to count an operation as sickness anyway - not all operations make you unfit.

That surely can't be right, you are most definitely unfit for work while under anaesthetic and in recovery certainly!

MEM62

ScarletMarble wrote: »

Now would my employer pay for me for the date of the cancelled op as its not my fault?

Is it theirs?

Check your employee handbook. Their terms may be generous.

Takeaway_Addict

Red-Squirrel wrote: »

That surely can't be right, you are most definitely unfit for work while under anaesthetic and in recovery certainly!

You are not unfit until you have that operation so its understandable.


You could call in sick once unfit though but thats semantics

Undervalued

Red-Squirrel wrote: »

That surely can't be right, you are most definitely unfit for work while under anaesthetic and in recovery certainly!

It certainly is correct. The reason being that it is an elective procedure with a scheduled date and not an unexpected incapacity.

So an employer is completely within their rights to insist that you use annual leave. Many may be more generous but they are not obliged to be.

sangie595

Undervalued wrote: »

It certainly is correct. The reason being that it is an elective procedure with a scheduled date and not an unexpected incapacity.

So an employer is completely within their rights to insist that you use annual leave. Many may be more generous but they are not obliged to be.

^^^ This^^^

Many employers are more generous, but people tend to think that it's their right as opposed to the employer being generous. "Sick" isn't a reason, in itself, not to be at work. You are actually saying that you are unfit for work because of sickness. So, for example, you could legitimately say that you don't feel well enough to work and the employer can disagree with you. It doesn't happen often, but it does. An example of that could very well be the "i didn't sleep well last night" - even where true, that is not a reason to be unfit for work. Most human beings would require a lot more sleepless nights before they became unfit.

Medical procedures can be planned for - so the employer can legitimately insist that you use annual leave for both the procedure and for the recovery time! Again, few do. But "recovery" does not mean the same thing as unfit for work. For example, I am currently not in work, and yes, I am off sick. But I am working because lots of my job doesn't need the thing that I can't do - walk! I cannot drive either. But my employer could, for example, have required me to work from home. Or they could even say that not Bening able to walk or drive isn't their problem and there are taxis.... Now very few employers will ever go that far. But there is a difference between what they "can" do and what they "will" do. That's a choice, not a requirement.

Just be grateful there's even such a thing as sick pay - I can recall a time when, for many workers, sick meant unpaid. And I really am not all that old!

Red-Squirrel_2

sangie595 wrote: »

Just be grateful there's even such a thing as sick pay - I can recall a time when, for many workers, sick meant unpaid. And I really am not all that old!

While I appreciate what you are saying, I think its actually quite dangerous to suggest we should be grateful for some basic decent treatment from employers. Especially in the current climate when its at risk of being eroded!

sangie595

Red-Squirrel wrote: »

While I appreciate what you are saying, I think its actually quite dangerous to suggest we should be grateful for some basic decent treatment from employers. Especially in the current climate when its at risk of being eroded!

I think, bearing in mind that I'm a trade union officer, that you missed the irony! And actually, sick pay wasn't introduced by employers. It was, originally, a government benefit. Then it got transferred to larger employers, and then to all employers. Ever since then I've been waiting for it to be dropped by the Tories!

Red-Squirrel_2

sangie595 wrote: »

I think, bearing in mind that I'm a trade union officer, that you missed the irony! And actually, sick pay wasn't introduced by employers. It was, originally, a government benefit. Then it got transferred to larger employers, and then to all employers. Ever since then I've been waiting for it to be dropped by the Tories!

Ah ok, I didn't know your job obviously!

I'm aware workers' basic rights are decided by the government of the day, and I don't trust this one as far as I can throw them!

Takeaway_Addict

sangie595 wrote: »

I think, bearing in mind that I'm a trade union officer, that you missed the irony! And actually, sick pay wasn't introduced by employers. It was, originally, a government benefit. Then it got transferred to larger employers, and then to all employers. Ever since then I've been waiting for it to be dropped by the Tories!

Its unlikely to be dropped by any government now as there is no cost to them since they removed paying it back...

SkintGit

I know someone who went into hospital for gallbladder removal.
They had previously been admitted in agonising pain the pain was reduced with drugs for a few days and the op was planned to occour before being discharged.
However operating theatre was too busy so they returned home and went back to work awaiting readmittance.
several weeks past (less than 8) and a new op date given.
On the day the patient was admitted , prepped, gowned up etc and at the last minute (Well last hour or two) the op was cancelled due to a problem with previous patient leaving insufficient operting theatre time.
Back to work the folowing day then few days later back in and op was done, then 6 weeks at home recovering.
The crux is under SSP 3 waiting days are not required for sickness with 8 weeks of previous sickness (The day the op was planned and attended) and obviously a few days later the op itself.
Surely the aborted attendance which rendered the work time impossible on that day, counts as sickness as was sickness related therefore SSP applies to that day and subsequent op a few days later?