An employee of our company under an eyelid correction. The procedure is not medically necessary, it is, therefore, a plastic surgery. Nevertheless, the worker concerned will not be after the surgery, a certain amount of time to work. Now we would like to know whether he has been good for the time of the intervention and the subsequent absence of the wage.
no, you don't have to pay as an employer. According to the law, workers have a claim on your wages, if you are unable to work. The inability to Work must be through no fault of.
cosmetic surgery and related absences are not considered to be at fault. It is, as in the case described a voluntary, non-medically necessary procedure.
There are also special cases. For example, if someone has as a result of an accident or disease, severely distorted facial features, or when a beauty defect from becoming an effective mental Suffering. Then surgery may be medically necessary, and in this case also entitled to a salary for the consequent inability to work.
Andrea Fischer answered your questions to the employment law, consumer law, social security law and family law. Send them to geldundrecht@tamedia.ch
(editing Tamedia)
Created: 03.02.2019, 18:14 PM