Cosmetic surgery: sick leave or not?

Cosmetic procedures are becoming increasingly common nowadays. Gastric reductions, eyelid corrections, and other non-essential aesthetic surgeries are on the rise. However, many employers struggle with how to manage such absences. Since employees often voluntarily opt for these procedures, managers tend to assume that employees should use their leave for recovery. But is this correct? And what does the law say?

The Right to Report Sick
The law stipulates that every employee has the right to report themselves sick. In other words, the employer must accept a sick leave notification. An employee is also not obligated to disclose the reason for their sick leave. In practice, however, most employees are very open with their employers. In fact, employees often believe that their employer has the right to know exactly what is going on.

Medical Assessment
It is not the employer or manager who decides whether someone is unfit to work. That judgement is reserved for the company doctor. If the company doctor determines there is a medical indication, the absence is considered sick leave. However, if the doctor concludes that it concerns a cosmetic procedure, the employee must use their annual leave days instead.

Complications After the Procedure
If complications arise following a cosmetic procedure, rendering the employee unable to work, this does qualify as legitimate sick leave. The Subdistrict Court in Middelburg previously ruled on such a case, stating that complications could not have been foreseen in advance.

Contacting the Occupational Physician
In such situations, it is always important for managers and HR staff to maintain good communication with the company doctor. This is crucial not only in cases of doubt but also to determine whether salary payment during sick leave is applicable.