A company in Northern Ireland was forced to pay sick leave to an employee while she travelled for and recovered from a ‘Turkey teeth’ procedure.
The term ‘Turkey teeth’ is generally used to refer to dental tourism whereby patients travel abroad for cheaper cosmetic procedures such as veneer application. In 2023, the Turkish Dental Association estimated that 250,000 people travel to Turkey each year for dental treatment.
Speaking to Belfast Live, HR and employment law specialist Dylan Loughlin said that employers could find themselves liable for sick pay during these procedures. He cited the case of a company in Northern Ireland which found that its ‘generous’ policy required sick pay while an employee travelled abroad for dental work.
The employee requested sick leave with a medical letter from the overseas clinic, which verified the procedure and recommended five days of recovery. The employer initially approved this request before finding out that the procedure was an elective and cosmetic veneer application.
While the company felt that sick leave should not required as the procedure was not medically necessary, the employee argued that the terms of the sick leave policy allowed for her situation.
The policy reads: ‘Time off on sick leave includes undergoing a day procedure or any other procedure by a medical practitioner which is related to your health.’
Due to the vague phrasing of the term ‘related to your health’, the company was obliged to pay for the sick leave.
Does sick pay usually cover cosmetic procedures?
Dylan Loughlin said: ‘Regardless of the reason for the surgery, an employee will usually be entitled to statutory sick pay (SSP) if they are deemed to be “incapable by reason of some specific disease or bodily or mental disablement of doing work which they can reasonably be expected to do” under their contract.
He added that if a doctor advises that an employee should stay off work to recover, this would generally count as incapacity, and SSP should be paid. All eligibility conditions would have to be met.
Loughlin said the application of any further sick pay beyond the statutory minimum to cosmetic procedures would ‘depend on the specific wording of the contract’.
Do dentists support ‘Turkey teeth’?
Dental experts have previously warned against ‘Turkey teeth’ procedures and other dental tourism due to the dangers posed by language barriers. For example, ability to access a full medical history is important for preventing and addressing complications.
Dr Caroline Robins, president of the Irish Dental Association, said: ‘If dentists have limited access to your past medical history and possible unfamiliarity with your drugs and medicines, this may pose challenges if complications in treatment arise.
‘There are plenty of good dentists abroad, but there are also those preying on the commercialisation of those who want their teeth fixed. It’s like a conveyor belt, you’re in and you’re out… sometimes you might be concerned that the pertinent questions aren’t being asked. It’s being seen as a transaction, it’s not a professional relationship.
‘The key to all of it is understanding the patient and their medical history. For example, if I had a patient who had uncontrolled blood pressure, I wouldn’t use a local anaesthetic that contains adrenaline, as this could cause problems.
‘If patients are going to a place where there may be a language barrier, important information like that can get lost.’
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