Upcoming laparoscopy

[Sarahbiggs]

I have a up coming laparoscopy next Friday. I have informed Work about this surgery well before Christmas when I got the op date. And asked for some time off. I have been told by my line manager as it’s elective surgery I’m not entitled to any time off unless I take holidays which I don’t have any left. I work part time so been able to move my days to the end of the week but I am expected to resume normal duties 4 days after surgery. Is this correct and legal. I can’t afford to loose my job but don’t feel like I will be capable to resume work 4 days after. This is my second surgery so I know what to expect and I needed at least a week last time. Any advice would be greatly appreciated thanks

[Lizzielizzielizzie]

You can get signed off by your gp afterwards as unfit to work surely? They’ll still legally have to pay you statutory sick pay.

All surgery except emergency surgery is elective surgery, it doesn’t mean it’s unnecessary. Would they say the same if you were scheduled to have your gall bladder out or your wisdom teeth? You’re hardly having a nose job! And even if you were, I found this interesting article which might help: shoosmiths.co.uk/client-res...

[Hansen82]

I agree with Lizzie’s reply. After a lap the surgeon normally asks if you need a fit note (signing you unfit for work), it’s worth getting even if you feel able to go back to work earlier than the normal two week time period (in which case you would need to go to gp for another fit note saying can return to work)! That normally triggers a duty upon the employer to offer reasonable adjustments often that may be phased return (can be six weeks, can be reduced hours or removal of some work tasks for a period of time).

However, it is quite complex as duty upon employer to offer reasonable adjustments only comes into play if you have a disability under the equality act. Whilst most of us suffering from endo will it is all interpretative, so you have to have been suffering for at least a year, and it’s likely to continue for longer, and it affects your ability to carry out day to day tasks!

Also even if you request certain reasonable adjustments, the employer can consider and say no they are not reasonable in their work or situation. They burden is greater on a larger employer rather than a small one.

Hope that helps and good luck

[RachaelE]

If the hospital or GP signs you off, then they have a legal duty to pay at least statutory sick pay. You should not return to work until you feel ready and if you’re still not feeling strong enough when the first sick note runs out, ask the GP for another.

[Dee11]

You shouldn’t be using holidays for it (unless you choose to in order to get full pay) but if you get a sick line from your GP and give that to your work then they’re legally obligated to pay at least statutory sick pay, if they don’t offer an enhanced option x

[Sarahbiggs]

Thank you everyone I feel a bit more confident about what I can ask for. I will be getting a dr note and advising work that they should expect to receive it.