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MARTINT330
MARTINT330,
Category: Republic of Ireland Law
Satisfied Customers: 1279
Experience:  Expert
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Can my employer refuse me the day off for my surgery? HR,

Customer Question

Can my employer refuse me the day off for my surgery?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 19 days ago.
Category: Republic of Ireland Law
Expert:  MARTINT330 replied 19 days ago.

Hello, I am happy to help with your enquiry today.

Expert:  MARTINT330 replied 19 days ago.

Generally, your employer can accept your request, or refuse your request.

In such cases, if you have a complaint about your employment rights, you should first speak to your employer. If you cannot resolve your complaint informally, you can make a formal complaint to the Workplace Relations Commission (WRC) using its online complaint form.

Depending on your complaint, you may have to take ‘pre-complaint steps’, such as gathering supporting documents and sending them to the WRC as part of the complaint.

You should make your complaint to the WRC within 6 months of the alleged incident (dispute). This time limit can be extended by a further 6 months if there was a reasonable cause for the delay.

Expert:  MARTINT330 replied 19 days ago.

In any case, you should prove to them there will be a surgery on that day, and they should accept your request. If not, you can raise a complaint.

Expert:  MARTINT330 replied 19 days ago.

Is there anything else I can help with today?

Customer: replied 19 days ago.
Would it be best for me to fall in sick and get a letter from the surgeon?
Customer: replied 19 days ago.
Call in sick
Customer: replied 19 days ago.
My employer wants me to swap however my days off are my days off and don’t want to do this
Customer: replied 19 days ago.
I am in college and busy studying for my exams now
Expert:  MARTINT330 replied 19 days ago.

Yes, that would be the best course of action at this point. It is best for you to fall in sick and get a letter from your surgeon.

Expert:  MARTINT330 replied 18 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

Expert:  MARTINT330 replied 18 days ago.
Don’t classify as sick. Classify as absence due to surgery.