Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long are you taking off?
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.
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