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Time to change

Q. An employee is intending to have plastic surgery and says she will need a week off to recover. As far as I know the surgery is purely for aesthetic reasons. I am reluctant to give her the time off, especially considering her attendance record. Must I?

It is not clear from your question exactly why this employee is undergoing surgery. Even if it is purely for aesthetic reasons, there is little you can do to stop her. It may be practical to liaise on the timing of the surgery. If she is having it in the private sector, she would be able to dictate when the operation takes place.

However, it is possible that the surgery might be for a disfigurement or even an illness. If so, to refuse her time off completely could involve imposing a detriment on someone disabled. Take great care if this is the case and get professional advice. Even if the surgery is 'only' for 'cosmetic' reasons, refusing might cause discrimination allegations, since more women than men are likely to have cosmetic surgery (although this is changing!).

You imply that the individual has an poor attendance record. If so, you should deal with that through your disciplinary procedures. A need for plastic surgery, in the circumstances I have described above, would very much be a capability issue, as opposed to an conduct issue, and you should not mix up the two.

- Have your query answered by the experts tel - 020 7484 9808, fax - 020 7484 9989, e-mail - richard.adams@incisivemedia.com.

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