Employer asks to postpone surgery, is that allowed?

Questioner

I have been having trouble with my right shoulder for 2 years and now a month ago I slipped and fell on my right shoulder, causing a tendon to tear by 50%. Now it has to be operated on to stitch the tear and then they immediately cut the biceps tendon that was irritated and caused pain for 2 years and they also fix it immediately. The hospital has a backlog due to corona and a shortage of operating staff and advises to go to a private clinic. Now I had indicated at work that I have to recover for at least 6 weeks and have to walk with a sling and that they might be better off hiring a temporary worker for the time that I am not there, given the peak. I have been working at this company for 10 years, after which the manager told my supervisor that she can postpone the operation, can't that be done in January because a temporary worker costs double money, I said OK, if I have to postpone it, I will be out of action because I sleep badly and can hardly get dressed and undressed, even with painkillers. Can they demand that given the circumstances, the long waiting list for corona that is lurking again? So the employer may request that the operation be postponed due to peak workload despite a long waiting time at the hospital

Lawyer

I assume that it is medically necessary for the operation to be performed as soon as possible. You could have this confirmed by your attending physician. Assuming this, the employer cannot prohibit you from undergoing the operation in the short term (and therefore, I assume, you will be temporarily incapacitated for work). If this remains problematic, you could engage a lawyer who can provide you with further legal guidance. If you wish, you can contact me without obligation (06-30575754).