Hello

I have some doubts about a small issue with my employer. I've searched the forum but couldn't find an answer for my case.

I had an minimal-invasive emergency surgery some months ago while on a full time working contract. After some time, I had a follow-up meeting with a doctor specialist of my case. He recommended I would need surgery again and suggested to have it this month. During this medical meeting, me and my employer were on vacation. I took the doctors suggestion of a date and made a surgery appointment with him on my own decision without "clearance" with my employer. This because the doctor said it would be a small intervention with probably some 2-4 recover-days to follow up.

On the first day of me and my employer back to the job, I've informed my employer about the surgery.

My employer asked me why I made an appointment without his consent/permission since it's not an emergency and why I haven't made that appointment/surgery on my vacation.

My employer said me that a since it's not an emergency intervention, I should have discussed it with him and have his permission.

I haven't done that because I thought this is something of my decision and also because the doctor said the intervention would be of minor duration.

I've never been sick and after the first emergency surgery, I had 3 day recovery/sick-days and my contract states that I have the right of 3 weeks on the first year of sick-days.

My employer would like me to compensate for the recovering days I'm not working, or to end my contract now.

- I have and L permission ending in June together with my contract

I believe my employer has not the right for me to compensate. Sick-days aren't vacation. But my questions is more: was it my obligation to discuss the surgery date with my employer?

Thanks in advance

Your employer is wrong on all accounts.

a) it doesn't matter whether the operation is "urgent" or not. If there is a medical need and it is recommended by a doctor, then that's what it is. It is not up to your employer, or even you for that matter, to decide on the medical urgency. Your employer's "permission" is utterly irrelevant.

b) all medically relevant surgeries count as sickness and subsequently count as sickness-related absence. The one exception are purely cosmetic surgeries/beauty OPs.

c) you are therefore under no obligation whatsoever to compensate your time off in any way, let alone is this ground to terminate your employment early. In fact if he terminates you clearly based on this pending operation, it would be illegal.

d) you were not obliged to discuss the date of surgery, also because of a). Your doctor recommended to have it and set the date, end of story. You could have asked out of courtesy, but you had no obligation to do so. The only reason he tells you you should have discussed it is because he would have told you to have it after your employment is terminated

e) he doesn't even have to pay you for that time, your insurance (Krankentaggeld) is covering your salary why you're away for your operation. And I'm sure he'll survive three days without you.

Absolutely 110% in agreement with Samaire13...on every point made. I also need to add that your boss is attempting to bully you with his incorrect and illegal threats, this is abusive and recognised as workplace mobbing, you are legally entitled to do something about it. I don't know how smart he is but if you get him to write all this down in an e-mail you will have proof.

Thank you!

I knew my rights, I simply wasn't sure if I've should agended the surgery without asking my employer first. I would have of courtesy but my boss was oversea on vacaction.

For the update, we mutually agreed to terminate the contract end of this month. (1 month earlier)

Good...screw him