There is no general legal right for employees to take time off for routine medical or dental appointments where they are otherwise fit for work. Your employment contract might provide such a right but if not, time off is at your employer’s discretion.
What Should I Do If I Need To Take Time Off For A Medical Appointment?
Medical appointments might include appointments with a GP, at a hospital, with a dentist or with a counsellor. Whilst your employer may prefer you to schedule medical appointments outside of working hours this is not always possible. Your employer should be flexible if possible.
If you have a medical appointment scheduled during work time you should first check your employment contract or any other relevant policy that your employer may have which deals with time off for medical appointments. Your employment contract or policy will tell you when you might be able to take time off for a medical appointment and whether that is paid or unpaid.
If you cannot find anything in your contract or a policy, speak to your employer. Notwithstanding the absence of any written right, your employer may use its discretion. It is worth noting that employers have a duty of care to their employees, which means they must do all they reasonably can to protect their employees’ health, safety and well-being at work. It may be in their interests, as well as yours, to allow you reasonable time off.
Your employer may allow you to use breaks to attend a medical appointment, or to make up the time you take off later. If that is not possible then you may consider using some of your holiday entitlement.
I Have A Disability – Does This Make A Difference?
Having a disability does not necessarily give you a right to take time off for medical appointments. However, if a medical appointment is required because of your disability, your employer may need to consider making reasonable adjustments. Employers must make reasonable adjustments for disabled employees. For example, this could mean allowing you time off for an appointment where such absence would not usually be permitted.
What If I Need Time Off For An Operation?
If your operation is medically required, the usual rules for sickness absence and pay will apply. Check your contract or any relevant policy, or ask your employer to confirm how much of your sickness absence will be paid.
If your operation is purely elective or cosmetic, there is no legal right to time off and the usual sickness absence and pay rules may not apply. Again, check with your employer to see if they allow time off for elective surgery.
I Am Pregnant And Need Time Off For Antenatal Appointments
The exception to the general rule that there is no right for an employee to take time off for routine medical or dental appointments is time off for antenatal appointments. If you are pregnant, you are entitled to a reasonable amount of paid time off for antenatal appointments.
Can I Take Time Off To Take A Family Member To A Medical Appointment?
You are entitled to take time off for dependants, but this generally applies where time off is needed because of an unexpected problem or emergency. Operations or appointments that are known about in advance are unlikely to be emergencies, so time off for dependants is unlikely to apply. Your employer may have another policy that applies such as a special leave policy, or it may permit you to take time off as a one-off arrangement. Alternatively, you could consider using some of your holiday entitlement.
Lincs Law Employment Solicitors Can Help You
If you have any concerns about your right to time off work for medical reasons and would like advice on your own situation, please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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