Employees may need to take time off from work for a variety of reasons but cosmetic or elective surgeries present unique challenges. This article explores how that leave should be handled, considering not just your legal obligations but employee well-being and fairness too.
We regularly support organisations with questions like this through our HRExpress service, which offers fixed-fee employer support. You can find more details of that here.
Can Time off for Cosmetic or Elective Surgeries be Treated as Sick Leave?
Strictly speaking, there is no statutory right to take sick leave for any reason. However, in practical terms, this right will generally be written into an employee’s contract or an attendance/absence management policy such that employees will have a right to time off if they are not well enough to work.
However, even though a right to take sick leave isn’t written into law, employees do have legal rights to receive sick pay. We’ve commented on that further below.
However, those terms may not go far enough to cover how time off for elective or cosmetic surgery will be handled.
You may want to take a different approach when it comes to time off for cosmetic or elective surgery than time off for other kinds of sickness absence. This becomes a matter of discretion and will depend on whether the surgery is genuinely purely cosmetic or elective.
What Information Can Employers Request?
You need to understand whether the surgery is purely cosmetic or elective. Open communication and transparency will help here. There is a careful balance to strike between respecting your employees’ privacy in a sensitive situation whilst having enough information to make fair, consistent and non-discriminatory decisions.
If the surgery is medically advised, then sickness absence should generally be granted. If the surgery is purely cosmetic or elective, and unless an employee’s contract contains any right to the contrary, there is no right to take sick leave to cover the time off. Whether the surgery is medically required is a matter of fact and context and may require further investigation.
Cosmetic surgery is not always carried out for aesthetic reasons and may be medically recommended because of physical conditions, for example, a breast reduction due to back problems or a breast enhancement relating to reconstructive surgery after cancer treatment. Surgery related to gender reassignment will engage the provisions of section 16 of the Equality Act 2010. Otherwise, there may be psychological reasons for surgery which should be considered as a disability. Failures to permit sick leave in those scenarios would potentially leave you open to the risk of a discrimination claim.
Practical examples of what to request – and what not to request
You may need to request medical information including:
- The reason for the surgery;
- Whether the procedure is part of a medically recommended treatment plan;
- Any consequences of it not being carried out;
- Whether the procedure is urgent or can be deferred;
- The operation date;
- The recovery period;
- Any temporary limitations or workplace adjustments needed.
It is not appropriate to ask for:
- Detailed medical records or history;
- Sensitive personal details unrelated to work;
- Irrelevant personal lifestyle details;
- Value judgments on whether the employee ‘should’ have surgery.
Privacy and data handling
Rember:
- Health information amounts to special category data;
- You will need consent to obtain any information from an employee’s doctor;
- Only seek information which is necessary; and
- Store information securely and for no longer than is needed.
Related guidance
You can read more about avoiding discrimination in the workplace in our article here.
What Should we do if it isn’t Sick Leave?
This will be at your discretion but possible options could be:
- Annual leave (see further information on employees’ statutory holiday entitlement here and on managing entitlement legally here);
- Unpaid leave;
- Flexible/remote working during recovery (where feasible); or
- Special leave (at your discretion).
Whatever you do, ensure consistency and document any discretionary decisions to reduce risks of future challenge.
Do Employers Have to pay SSP or Other Sick pay for Cosmetic or Elective Surgery Absence?
Even if the surgery in question falls to be regarded as sick leave, that may not automatically bring a right to be paid.
SSP: eligibility and evidence
To qualify for SSP an individual must:
- Be an employee;
- Have started working under their contract for you; and
- Be ill for at least one full working day.
As of April 2026, SSP is payable from day one of absence. The SSP rate changes annually. You can check the current rates here and find further guidance on paying SSP here.
Payment of SSP generally depends on someone being too unwell to work. Someone may have had an operation but may still be able to work. An individual may be deemed incapable of working and still entitled to SSP if a medical professional has advised them to refrain from work “for precautionary or convalescent reasons” (see guidance here). An employee can therefore be legitimately off sick for the purposes of SSP when absent for cosmetic or elective surgery.
If you have contractual sick pay arrangements:
- You can word them as you wish;
- You could set out that an employee absent for purely cosmetic or elective surgery will not receive contractual (enhanced) sick pay over and above any SSP entitlement.
- Remember that if your contractual sick pay scheme is based around SSP eligibility, then the previous points mentioned above as regards deemed incapacity will need to be considered;
- If there is an underlying medical reason for the surgery, there could be a discrimination risk in not paying contractual sick pay.
Related guidance
You can read more about different types of leave and employees’ rights in our article here.
Should we Have a Written Policy for Elective/Cosmetic Surgery Absence?
Yes, we recommend that once you have decided how time off for elective and cosmetic surgery will be handled, you put that into a written policy, which will provide clarity for everyone. That policy should include:
- Definitions of what is meant by elective and cosmetic surgery;
- Notice and evidence requirements;
- Decision criteria;
- Pay treatment;
- Privacy and data handling considerations; and
- Points of contact.
Make sure that this policy aligns with other relevant policies including sickness absence, annual leave and equality, diversity and inclusion.
Employer Checklist
If an employee tells you they are having cosmetic or elective surgery, you should:
- Check if your contracts or policies expressly cover how such absences should be handled;
- Gather information about the surgery;
- Decide and confirm how you are going to handle the time off;
- Confirm what you will pay for the absence; and
- Update records to reflect what has been agreed.
Managing time off for cosmetic/elective surgery can be complex and sensitive. If you would like support with managing this, our team is on hand with guidance and insight.
If you need support with managing employee cosmetic or elective surgeries, please contact the Employment Team on 01392 210700 or email [email protected].