Provide guidance for employers on how to deal with an employee who is requesting time off for cosmetic or elective surgery.

Posted in : First Tuesday Q&A NI on 5 February 2019
Chris Fullerton
Arthur Cox NI
Issues covered:

This can be a tricky situation for employers, as it may be unclear whether the employee’s time off should be treated as sickness absence or a period of annual leave. Employers may find that an employee will prefer to take annual leave if the employer does not offer company sick pay. On the other hand, an employee may be unlikely to use annual leave entitlement where the procedure has been recommended by medical practitioners.

Ultimately this is a discretionary area and it would be prudent for employers to deal with time off for elective surgery in sickness absence policies. The policy should set out circumstances when an employee would be required to take annual leave rather than sick leave

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Back to Q&A's This article is correct at 05/02/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email

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