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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52643
Experience:  Qualified Employment Solicitor
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I am going to be a live organ donor (kidney) for my partner

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Good afternoon. I am going to be a live organ donor (kidney) for my partner who lives in spain. My boss is not very happy about this but has agreed to give me the time off as unpaid leave. Does this mean that I will not qualify for statutory sick pay either?
Many thanks in advance for any advice.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long are you taking off?

Customer: replied 6 months ago.
They said it would be between 4-12 weeks, depending on how the operation and recover you goes
Customer: replied 6 months ago.
The planned date is either 7th or 21st June. However I work in a school and the children finish on 20th July. I would not normally be at work the last week of July or the month of August

Thank you. What you are having done will be known as elective surgery, this is where you have chosen to have medical treatment in advance and it is not an emergency or unplanned. In terms of SSP, this is payable if you are unfit for work and have followed the correct procedure in notifying them (usually 7 days from the time you go off). The right to SSP does not differentiate between emergencies or elective surgeries so you should still eligible for SSP as long as you report unfit for work and follow the required procedures. However, do not that if you had already agreed to take this as unpaid leave, then that will not get you SSP as the reasons for absence are because you are on unpaid leave. So you would need to call in unfit for work in order to trigger the SSP benefit - basically you cannot agree in advance with the employer to have this time taken as unpaid leave.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 6 months ago.
Thank you. You did answer my query. Kind regards

You are welcome and all the best

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