work and srs

[Guest Kayleigh666]

Hi my name is Kayleigh.

I've been on hormones for two years now and plan to undergo surgery this year. Everything is going ahead but my boss at work seems to think i.m doing this by choice and it shouldn't be covered on the nhs.

Which in its self is annoying but that's not my issue my issue is the fact that all the management say that if i have to have two to three months of work they will sack me. I no they can't but he says that they can't count it as sick pay or anything like that.

I was just after some opinions on what to do! X

cheers Kayleigh xxxx

[elliemckay]

No clue how your laws are in Britain so I can't be much help here. I was out about 8 weeks for my SRS and I was covered under the FMLA here. You should consult with an employment attorney as to what your rights are.

[Drea]

I can't comment on the laws where you are.

Around here, it certainly isn't sick pay. Well I guess one could take sick days but usually that is just a few days and it be rare to have a couple months worth of sick days available.

One usually has to go on unpaid leave or possibly claim disability time. In the latter case it is a matter of convincing the state it is covered.

I dealt with the issue by working from home most of the period. My job allowed that with me going in for a couple hours here and there for meetings or address some on-site issue. I could not put in full time hours but managed 4 to 6 hours total spread throughout the day. Just the initial two weeks I didn't work at all and I used sick + vacation time to cover that. Since my work wasn't physical in nature it wasn't stamina as much as being tied close to home for dialations.

[JenniferB]

I'm fairly sure I would be put on short term disability after my surgery. I would only receive 70% of pay.

Jenny

[Guest otter-girl]

Hi Kayleigh,

I suggest phoning a citizens advice bureu. They can tell you the exact details as they have access to employment law people. You can also email or even go in to a local office if there is one.

Hugs

Rachel

[Guest JennX]

It's a sticky and tricky situation. Basically your employer has the upper hand in this one. I'm going to take short-term disability for my SRS, which will give me up to 12 weeks paid off. My employer normally wouldn't cover it, however since I provided them with documentation from 2 therapists (PhDs) and my SRS surgeon (MD) stating that this was a medically necessary (the key phrase here) procedure, I'm covered. If I wasn't taking disability, I would be able to take paid time off (vacation) or take time off under FMLA (Family Medical Leave Act here in the USA). My company however stipulates that when taking FMLA time off, you will concurrently use up your vacation time at the same time as FMLA leave time. Which stinks. Also, if you take FMLA, you employer can't fire you, but can transfer you to another job/location when you come back as long as they don't cut your pay. Which also sucks. I also have about 6 weeks in vacation time saved up over the years (I never take vacation), so I'm ready if they try to pull something. But it's different with every employer. It's best to have a back up plan, in case something goes wrong. Legally, they can't fire you. But they still might do it anyway, and you'll need to take them to court to fight it... which takes time and money. So be prepared.

[Guest Melissa~]

I have 480 hours paid leave saved up ( primarily sick leave.) 6 work weeks translates very well on my normal 80 work week schedule( effectively three months off paid time that I've earned) If required I will file FMLA paperwork when the time comes. That's just my plan. Options for other people is sign up for AFLAC the year of surgery( or equivelevt.) hey it's a duck and a terrible commercial, but if the duck can fix you up so be it.

[Guest Leah1026]

I would suggest contacting The Gender Trust:

http://gendertrust.org.uk/

Someone there should be able to give you ans answer.

[Guest sparkles]

Hi Kayleigh,

I'm in the uk, just a few things first are you under a gender clinic on the NHS or are,you doing this privately. Though this should make no difference as the discrimination act will cover you if other emplyees would not be sacked if they had medical treatment and needed a time to recover is they would not then your employer would be discriminating agenst you. Does your employer have a human resources department you need to see them as soon as possible if they do. The best people to contact is press for change look them up on the web. Hope that helps

[Guest Kelly-087]

Im betting it's like there like it is here.

If you can have your doctor sign off on it saying you need the time off, then they can't fire you.

My guess is that your boss is trying to spare themself the work of finding someone to fill your position for that ammount of time.

Don't let them. Find the legal steps you need to take, and threaten complaining to your agency that governs these matters, and threaten to sue for discrimination.

[Guest Jo1986]

Hey Kayleigh,

This is a very interesting area of the law in the UK which has developed quite considerably in recent years - something I have taken a significant interest in and have followed closely. One of the most important things to be aware of is that Section 7 of The Equality Act 2010 specifically confirms that Gender Reassignment is a "protected characteristic" in law (alongside race, disability, sex and a number of other characteristics). This has particular relevance when it comes to issues of discrimination.

Furthermore, s.16(2) of The Equality Act 2010 unequivocally states that an employer discriminates against you as a transsexual person if, in relation to an absence that is because of gender reassignment, your employer treats you less favourably than they would treat you if your absence was either because of sickness or injury or because your absence was for some other reason and it was not reasonable for you to be treated less favourably.

The Equality and Human Rights Commission have produced quite a good guide to your rights (as a worker) to equality at work which can be found at the following web-address http://www.equalityhumanrights.com/uploaded_files/EqualityAct/employees_working_hours.pdf (there is a specific section relating to 'Requests for time off relating to gender reassignment' at the top of page 32).

While I hope this is all of some use to you, I would also wholeheartedly endorse and support Rachel's suggestion that you make contact with the CAB if you are at all concerned. Speaking generally, this is the sort of case that the CAB are extremely good at assisting with and, if it becomes necessary, they will definitely be able to put you in touch with a solicitor specialising in this area of law.

Jo