Can SSP be claimed when undergoing elected cosmetic surgery?
The UK alone spends millions of pounds in cosmetic surgery and improving ones’ physical appearance. This could range from ‘a boob’ job through to having a tattoo removed. Regardless of what it is, employees will want to question ‘will I get paid sick pay if I commit to cosmetic elected surgery?’
Statutory Sick Pay
Under the statutory sick pay rules, an employee is eligible for sick pay if they are unfit to work. The day that the employee goes in for surgery may not be considered to be a sick day but can be taken as annual leave. If, after surgery, the employee is unfit to return back to work the next day then the statutory sick pay rules would apply, for example to submit a doctor’s fit note to their employer with the reason for their illness and the duration. Sick pay maybe different for some businesses as they may pay more than the statutory rate, it is important to check the contract of employment under sick pay.
If the employee cannot travel back into work as they are recovering, there is the option of home working. The employer can agree home working tasks if the employee is able to do so.
Mental Health
Employers need to be sensitive to their staff wanting to change their physical appearance as they may have a long term mental health impairment (section 6 Equality Act 2010). One condition could be body dysmorphic disorder (BDD). This is when a person constantly worries about their physical appearances and suffers from low mental health about themselves.
Each matter should be addressed on a case by case basis particularly those wanting to undergo gender reassignment. Gender reassignment is when a person wishes to change the sex that they were born with. This is not an example of cosmetic surgery but a private decision made by the person.
The equality act 2010
Gender reassignment is a protected characteristic as detailed under the Equality Act 2010. Such absences must be fairly dealt with to avoid any discrimination claims.
Many employers have an absence trigger policy in place to manage absences whether it is cosmetic surgery or illnesses such as stomach problems, flus, and tooth aches. Long term mental health absences should be addressed through a trained medical practitioner via Occupational Health or GP route.
It would be deemed automatically unfair to trigger an absence if an employee is undergoing ‘gender reassignment’. To avoid any discrimination claims, employers should consider putting a ‘gender reassignment’ policy in place outlining limited special leave whilst undergoing consultation, operation, and recovery period. It is up to the employer to decide whether this is to be paid or unpaid.
The article is for general information purposes only and should you require any further assistance on the matter please do not hesitate to call our advice-line team on 01455 852028.
