Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • banker75
    • By banker75 12th Mar 18, 9:49 AM
    • 15Posts
    • 4Thanks
    banker75
    Annual leave for operation recovery?
    • #1
    • 12th Mar 18, 9:49 AM
    Annual leave for operation recovery? 12th Mar 18 at 9:49 AM
    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.
Page 1
    • k3lvc
    • By k3lvc 12th Mar 18, 9:54 AM
    • 2,200 Posts
    • 3,638 Thanks
    k3lvc
    • #2
    • 12th Mar 18, 9:54 AM
    • #2
    • 12th Mar 18, 9:54 AM
    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
    • By Comms69 12th Mar 18, 10:20 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    • #3
    • 12th Mar 18, 10:20 AM
    • #3
    • 12th Mar 18, 10:20 AM
    No.


    But why have they refused?
    • banker75
    • By banker75 12th Mar 18, 10:23 AM
    • 15 Posts
    • 4 Thanks
    banker75
    • #4
    • 12th Mar 18, 10:23 AM
    • #4
    • 12th Mar 18, 10:23 AM
    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
    • By Comms69 12th Mar 18, 10:24 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    • #5
    • 12th Mar 18, 10:24 AM
    • #5
    • 12th Mar 18, 10:24 AM
    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.
    Originally posted by banker75
    Don't push too hard - you could end up with a weeks notice!
    • ReadingTim
    • By ReadingTim 12th Mar 18, 10:49 AM
    • 2,660 Posts
    • 3,798 Thanks
    ReadingTim
    • #6
    • 12th Mar 18, 10:49 AM
    • #6
    • 12th Mar 18, 10:49 AM
    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
    • By TBagpuss 12th Mar 18, 4:17 PM
    • 6,487 Posts
    • 8,415 Thanks
    TBagpuss
    • #7
    • 12th Mar 18, 4:17 PM
    • #7
    • 12th Mar 18, 4:17 PM
    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
    • By Masomnia 12th Mar 18, 8:45 PM
    • 17,195 Posts
    • 38,119 Thanks
    Masomnia
    • #8
    • 12th Mar 18, 8:45 PM
    • #8
    • 12th Mar 18, 8:45 PM
    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.
    I could see that, if not actually disgruntled, he was far from being gruntled. - P.G. Wodehouse
    • ReadingTim
    • By ReadingTim 13th Mar 18, 10:38 AM
    • 2,660 Posts
    • 3,798 Thanks
    ReadingTim
    • #9
    • 13th Mar 18, 10:38 AM
    • #9
    • 13th Mar 18, 10:38 AM
    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 hangovers those mysterious 24-hours bugs would fall significantly.....
    • banker75
    • By banker75 13th Mar 18, 11:13 AM
    • 15 Posts
    • 4 Thanks
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,999Posts Today

8,002Users online

Martin's Twitter
  • It's the start of mini MSE's half term. In order to be the best daddy possible, Im stopping work and going off line? https://t.co/kwjvtd75YU

  • RT @shellsince1982: @MartinSLewis thanx to your email I have just saved myself £222 by taking a SIM only deal for £7.50 a month and keeping?

  • Today's Friday twitter poll: An important question, building on yesterday's important discussions: Which is the best bit of the pizza...

  • Follow Martin