Can my boss refuse or postpone my surgery?

Questioner

I will soon have surgery on my ear because I have bad hearing and they are trying to repair my eardrum that has been damaged since I was 10, now 39 years old. My ear canal is being made bigger, they are trying to repair my eardrum and they are trying to remove the scar tissue around my ossicles so that I can hear better again. Now my boss has said, you have to discuss the surgery date with me, if it is not convenient for me then you have to reschedule. I have been trying for this surgery for more than a year. Can he forbid me to do that?

Lawyer

Before the operation you will report sick, I assume. If the employer believes that you have reported sick unjustly, he can call in a company doctor to assess whether you are unfit for work. The employer cannot and may not make that assessment himself. After all, he is not a company doctor. My advice is to record the sick leave properly, for example in an email. This is to prevent, unexpectedly, that it is judged afterwards that you did not show up and are therefore absent without permission. Apart from the above, I advise you to at least, if that does not pose a medical problem and fits into the hospital's planning, try to reach an agreement with your employer about the date of the operation. Also record that appointment. If you reach an agreement, that may prevent a lot of hassle later.

Lawyer

Now that the operation date, after 01 year, is fixed, I would not postpone it. Especially in Corona time, postponement could take a very long time. Good hearing is a great asset for you, your colleagues and the employer. The employer also benefits from this. So it looks like bullying or a power struggle. Do not go into that anymore and report yourself sick, in accordance with Van Orsouw's advice, and record that properly. If the employer continues to be difficult, go to a specialized labor law attorney (member of the specialist association), e.g. me. The first consultation is often free, such as at my office.