Q&A - SICK PAY - 25.08.2005

Time off for cosmetic surgery

Q. An employee’s going into hospital for a nose job. As it’s for purely cosmetic reasons, do we have to pay her whilst she’s off?

A. This is a good and highly topical question! Open any glossy magazine and you’ll see ads for clinics offering a whole range of cosmetic improvements and enhancements. This means it’s a question that will be asked by more and more employers. It’s unlikely that your sick pay policy covers this situation. If it contains a general right to occupational sick pay (OSP) (without defining the type of sickness) it’s likely you’ll have to pay. If you’ve retained the discretion not to pay, then you should be safe to do so provided you exercise that discretion fairly. If, however, you don’t offer OSP, then she will be entitled to Statutory Sick Pay (SSP).

Tip. Consider amending your sick pay policy to exclude payments for cosmetic-only procedures, i.e. not required for medical reasons.

If you’re contractually obliged to pay for all sickness absence, an employee having cosmetic surgery will be so entitled. Consider amending your policy or retained the discretion to withhold pay.

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