Elective Surgery

[DanB]

We have an employee whom over the last 2 years has lost an extreme amount of weight. This weight loss was supported by the company with the company contributing to the weight loss through employing of a personal trainer for him. The employee is now wanting to have elective surgery to remove the excess skin since his weight loss.

There is no objection from the company - he is financially paying for this surgery himself.

The issue at hand is that he wants this surgery sooner rather than later. From a company stand point it is preferred that this elective surgery take place at a mutually agreed time, such as February 2012. By him taking time away from the business at this point in time would have a greater impact on the business and his coworkers.

Can a date for this surgery be negoitated and can it be classified as sick leave - he has 8 weeks owing to him?

Any advice would be helpful, having never come across this type of request before!

[Moz]

Firstly I think it's fantastic that your company has supported this person in his weight loss programme.

As for the surgery, just because it is elective surgery doesn't mean that it isn't very important to the individual concerned, there are probably some fairly big self esteem issues here and you are suggesting that he waits through most of summer before having the surgery.

I can't see any reason why it couldn't be taken as sick leave, however it's not called "sick leave" any more, under the NES it is "Personal / carer’s leave and compassionate leave" and I doubt very much that the employer has a right to dictate when that is taken.

[Qld IR Consultant]

Moz is correct, however you can negotiate with the employee if it is to be a medical procedure occurring in the future. However, in saying that if it was my company and I had gone to the trouble and expense i'd be seeing it through and using it as a shining example of what it is to be an employer of choice. Sounds a bit selfish but the marketing points you will score if you advertised it would be significant if you did it correctly. Suffer the final inconvenience now and you might just score yourself a dedicated team player employee......Which is a rare thing in some employers.....

[Arian]

Under the NES, the employee can take personal / carers leave, as he will be unfit for work. Hypothetically, his partner may also take personal leave during that time to care for him, as this is also covered in the NES.


Apart from the legal side of things, with 8 weeks of sick leave being owed to an employee, it would show that they have worked at the business for at least 4 years without taking a day off. I would be holding these employees in high regard (as you have been with providing the personal trainer), and letting them continue with their weight loss process.