Can an employer prohibit surgery?

Questioner

At the end of August 2021, I started working at a dental practice in the Netherlands. I was already working on the obesity trajectory (in a Belgian hospital, I live in B.) and would, eventually, be eligible for a gastric bypass due to morbid obesity and severe (sleep) apnea. I was open about this during my job interview. I also clearly stated that it was not yet known when the operation would take place because I first had to go through a certain trajectory and all disciplines of the Obesity Team had to give their approval. Once that agreement was there, an operation could usually be scheduled very quickly. I was then hired, specifically asked before signing the contract whether we agreed on my absence at a later date (being between 6 - 8 weeks if everything went smoothly) and that was okay. Once employed, I always kept my employer(s) informed of the progress, so I told them about all the appointments with all the disciplines and all the examinations I would have to do + the results of those examinations. My WG then asked if I could take into account a 'favorable' period, if possible, and that would be January 2022. I asked this at the hospital, but they could not make a 100% statement about it. Operations were also postponed due to corona, among other things. In March I got the green light from the Obesity Team. After this, an appointment with the surgeon could be made. The appointment with the surgeon was scheduled for April 7. This was discussed extensively during a lunch break with colleagues and 1 WG. Colleagues asked whether my operation would be planned then, to which I did not have an answer. Later, both WG asked me whether I could try to steer this somewhat if an operation could be planned. I indicated that I would try. When I asked whether they could then indicate a certain period, 1 of the WG said that it was too early to think about it. Another WG asked me to let them know as soon as possible after my appointment. I also talked about the fact that we were understaffed at work and I was having a hard time with the possibility that I could soon be out of action but that I had also been waiting for this operation for a long time. Her answer was that we would see about that. On April 7, the surgeon was quite firm, everything was approved for an operation and he could schedule me on May 11 if I agreed. I was quite overwhelmed but happy and I said yes and signed all the paperwork for the operation. The next day I had to come back to discuss a few things with the reception about the operation. I then also asked the assistant about the agenda and she said that they had recently started planning operations and the surgeon determines when he can perform an operation, usually a few per day, and that the agenda was already very full. In the evening I informed WG 1 via app, in the morning WG 2. Today, April 12, I was called to the office by both WG and was told that I cannot have an operation. This is due to understaffing and I put them on the spot. I should have discussed it first. They invoke KNMT employment conditions 2022, article 38-1: 'Visits to (dentist) doctors, midwives, physiotherapists and other healthcare and care providers take place outside working hours as much as possible.' They expect me to postpone the operation until October because a dentist will be on long-term leave and an additional assistant may have been hired by then. Although I understand their position, it seems to me that they could have indicated much earlier during my obesity treatment that they did not agree and wanted a postponement. For me, it is not just a visit to a doctor, I have been waiting for the operation for a long time and I do not want to wait until October. Which gives me a bit of a bitter feeling; my contract runs until September 30. and I suspect they're stringing me along.

Lawyer

Such an operation is indeed not the same as a visit to the dentist or similar therapists. You have also kept your employer well informed of the developments It is not something like a plastic treatment for appearance or a treatment that has little medical necessity. Of course, it also plays a role that it is by no means certain that you can be operated on in October and as you also indicate, there is a chance that you will no longer have a job in October (if the employer decides not to extend the contract). Because it is a medically necessary treatment, you can in principle just report sick. A company doctor will probably also say that it is a necessary treatment and that you need to recover. Without knowing your situation better, it is difficult to give a more concrete answer. You can contact me without obligation via my profile if you have any questions or need legal assistance.