Buddy says:  An employee is entitled to statutory sick pay (SSP) when they are unfit to work. The reason for this absence is immaterial. Therefore provided the employee meets the statutory requirements then SSP will be payable.

Contractual sick pay, however, is payable in line with the terms of your scheme. These terms may exclude any payment for absences following elective procedures or if you specify that payments can be made on a discretionary basis. If your policy provides for discretionary payment, this discretion must always be exercised consistently and with an understanding of the potential discrimination issues that may arise. If your policy merely states that employees will receive pay for sickness absences then it is highly likely that you would need to pay the employee contractual sick pay for her period of absence.

Employer information:  Statistics show that women are far more likely to undergo cosmetic surgery than men (90% of plastic surgery patients are women according to the British Association of Aesthetic Plastic Surgeons). Therefore, refusing to pay sick pay to this employee if your scheme allows for discretionary payments may be seen as a policy, practice or criterion that adversely affects women and could potentially be indirect discrimination on the grounds of sex.

If an employee experiences complications during, or after, the surgery then you must be mindful of the requirements under the Disability Discrimination Act (DDA). Under the DDA a person is disabled if they suffer from “a physical or mental impairment which has a substantial and long-term effect on his ability to carry out normal day-to-day activities”. The cause of the impairment is irrelevant as to the issue of disability.

Under the DDA employers have a duty to make any reasonable adjustments that would have stopped an employee suffering a substantial disadvantage due to their disability. Therefore, you should consider whether any changes to the physical premises of employment, or changes to working practices could aid the employees return to work.