Cancelled operation - will employer pay?
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I had a procedure cancelled earlier this week due to an admin error. Now its rescheduled for next week. I did have the following day off as hardly slept due to worry and upset the cancelled procedure did to me. Wouldn't been able to concentrate at work. The recovery time for post procedure is 2-2.5 weeks
Now would my employer pay for me for the date of the cancelled op as its not my fault? I'm happy to take no pay the following day. Worried that my employer will treat this as a separate sickness - again not my fault.
Got union membership which I will use if employer treats this as separate sickness
Now would my employer pay for me for the date of the cancelled op as its not my fault? I'm happy to take no pay the following day. Worried that my employer will treat this as a separate sickness - again not my fault.
Got union membership which I will use if employer treats this as separate sickness
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Comments
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Ask them -this really depends on the employers discretion.
There isn't a statutory right if that is what you are asking?
It isn't the employers fault either to be fair to them also.0 -
When you say you had the day off, do you mean you contact them, explained the situation and asked if you could take a day off? Did they agree? Did you ask if it would count as a day off your holiday entitlement?
Or are you saying that you called in sick?0 -
Ask them -this really depends on the employers discretion.
There isn't a statutory right if that is what you are asking?
It isn't the employers fault either to be fair to them also.
Exactly!
Why do some people feel their employer should "carry the can" for all misfortunes?
This is a bit like the annual " I was late or couldn't get to work because of bad weather, will I still get paid".
The majority of "decent" employers actually show far more flexibility than the law requires when employee experience "life situations".
However it is worth remembering that, unless you have additional contractual rights, there is no entitlement to sick pay beyond SSP (if qualified) or any pay at all if you don't manage to get to work for some other reason. There is no legal entitlement to compassionate leave, regardless of the situation, and only very limited rights to short periods of unpaid leave in emergency situations involving dependants.0 -
What did your employer say when you phoned in when the op was cancelled? Or didn't you and they assumed you'd had the op on Day 2 (latter wouldn't be great if now seeking concessions)
I'd imagine a reasonable employer would 'forgive' the first day and roll it into the period when you do have the op so its all one sickness. Not sure about the second day at all. To my mind if the delay made you ill, that really is a different issue than time off for the op.0 -
what was the advanced agreement for the day of the OP and recovery period?0
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Why do people ask questions here about how a third party will deal with something? Ask your employer; they are the only ones who can answer the question.
Your reference to getting your union involves indicates you are squaring up for a fight before you even know if there's a battle (and if there is, you'll lose it if your grounds for combat are that your employer should be responsible for other people's mistakes).0 -
ScarletMarble wrote: »Got union membership which I will use if employer treats this as separate sickness
Well since it is a separate sickness, then you'd be on a hiding to nothing. Your reason for absence had nothing at all to do with the reason you were supposed to be off. The day of the operation, there was no operation - you were not unfit for work and should have been in work therefore. You then had a second day off as well because you didn't sleep - nothing to do with having an operation or recovery. A you would now like more time off next week and bff subsequently for the operation which you didn't have this week, but which you still took two days off for. Those are separate absences for unrelated sickness. If your employer doesn't count it as that, be grateful. If they do, it's tough luck- they are entitled to.0 -
Well since it is a separate sickness, then you'd be on a hiding to nothing. Your reason for absence had nothing at all to do with the reason you were supposed to be off. The day of the operation, there was no operation - you were not unfit for work and should have been in work therefore. You then had a second day off as well because you didn't sleep - nothing to do with having an operation or recovery. A you would now like more time off next week and bff subsequently for the operation which you didn't have this week, but which you still took two days off for. Those are separate absences for unrelated sickness. If your employer doesn't count it as that, be grateful. If they do, it's tough luck- they are entitled to.
Just a thought about the bit in bold - I'm assuming it wasn't cancelled in advance, so presumably OP had not eaten etc and was at the hospital for at least part of the day? The following day is definitely separate but OP was asking about being paid for the first day.0 -
It doesn't matter. They were not unfit. 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. You certainly aren't unfit to work until such time as you start the operation. Not eating or being in a hospital does not count as being sick. So if the employer wanted to be as pedantic as the OP was considering being, then they could (a) mark that as not sick and (assuming the OP didn't phone in to say that they were not coming in and get permission) AWOL (potentially a disciplinary offence) and then (b) count the next day as another seperate absence! That's two absences for two days! One of which might be actionable by the employer.Rosemary7391 wrote: »Just a thought about the bit in bold - I'm assuming it wasn't cancelled in advance, so presumably OP had not eaten etc and was at the hospital for at least part of the day? The following day is definitely separate but OP was asking about being paid for the first day.
So this is probably a time to not look too closely at any gift horses that might appear. Being belligerent about rights you don't have can encourage the employer to look at their rights. They inevitably have more.0 -
It's actually an interesting situation but one which can only be resolved by asking the employer. If the OP was sat in a hospital bed most of the day waiting for an operation which was then cancelled, there is no way they could have been at work. They must have had some form of illness or injury if they were to undergo surgery but were obviously living with the situation. I would think that a decent employer would accept the day of the operation as a day off sick. Personally, I wouldn't expect the employer to pay for the following day, but the OP has already indicated that to be their view as well.0
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