Leaves from work due to surgery
 

I have been advised that I am going to need surgery to repair a hernia (hiatal hernia) as the symptoms have become unmanageable through medications and other treatment options, and I have near constant stomach pain now, so obviously its not something I want to deal with for life if it can be corrected.

There is no date yet, as I still need to see a surgeon, but the doctor said to expect 2-3 weeks for recovery before resuming work. (up to 6 weeks he said if its open surgery.)

Now I have looked over the BC Labor standards and I don't see or find any information relating to leave for medical purposes aside from very specific events such as pregnancy, caring for a gravely ill family member.

But there appears to be nothing relating to general medical leaves.

http://www.labour.gov.bc.ca/esb/esaguide/welcome.htm#14


So my question is if anyone is familiar with BC, is there any protections for employees who need to take time off for surgery?

Or is it a risk of losing your job by taking the time off?

Re: Leaves from work due to surgery
 

There is no medical leave provision in labour standards. You would claim sickness benefits from EI, there is a 2 week waiting period before it kicks in.

Re: Leaves from work due to surgery
 

But can you be fired for missing the work? That is where my concern is.

Re: Leaves from work due to surgery
 

What does your contract say?
Do you have a benefits package ?
Often these include short term disability coverage. If the insurance company is going to be forking out for your wages , I'd say that lowers your risk of being fired.

Re: Leaves from work due to surgery
 

No benefits of any sort, not the kind of job where benefits are provided.

And no contract beyond the standard BC Employment standards requirements, which don't say much, so trying to figure out if there is any protection at all under the law.

Re: Leaves from work due to surgery
 

I learnt a lot by looking this up but
http://laws-lois.justice.gc.ca/eng/a...-108.html#h-95
under section 239 appears to say that if you have been employed for 3 consecutive months , you cannot be fired/demoted etc for a medical leave up to 17 weeks.
I found the link on
http://www.workershelp.ca/leaveofabsence.asp#BC
which also seems a helpful site although the sites seem to contradict each other for actual length of absence it seems you will be fine for a short time off.

Re: Leaves from work due to surgery
 

From an employers perspective, I would say that would not be a good thing to do. Not something I would take the chance on as an employer.

If you give notice you need surgery and approximate dates you will be off, they could hire somebody to fill the gap, but to replace an employee on those grounds could be a case for unfair dismissal. If you are really concerned, get in touch with lawyer referral and get a free half hour consultation with a lawyer.