Legal advice for medical questions

Questioner

Good morning, In August 2018 I had a Gastric Bypass operation. The employer was aware and I was on sick leave for some time. In short: I regret that operation and I would like to have it reversed in Belgium at my own expense. For this I want to take 3 weeks of vacation. My question: Am I obliged to inform my employer about this operation? If I don't do this now and I still suffer complications that prevent me from working after those 3 weeks, can they fire me because I didn't say anything? Or are there other consequences that I have to take into account? I have little desire to inform the employer of my regret. If necessary, can I also say that I need to undergo surgery for something else? What is wise?

Lawyer

If the operation is not medically necessary, it is not considered an 'illness' and the employer has no obligation to continue paying wages. This also applies to any period afterwards in which you have to recover and where the inability to work at that time was foreseeable. This is different if there is a real medical necessity for the operation and also if complications unexpectedly occur after the operation that were not foreseeable. The inability to work at that time does in principle entail an obligation for the employer to continue paying wages. You are not obliged to provide your employer with information about your medical complaints (or, for example, which operation you want to undergo and why). If you are summoned to appear before the company doctor, you must in principle provide him or her with medical information, but the company doctor may not provide this to your employer. The company doctor has a duty of confidentiality in this regard. Dismissal in the situation you describe will not hold up. Good luck with the operation and recovery.