HELP! They want to deny me FMLA saying WLS "Is just a cosmetic Procedure."

Your HR rep is whacked. Yes, it's medically necessary. Morbid Obesity is a disease... not a lifestyle choice. I'd print out stuff from the NIH website.

Per the Colorado.gov website: Qualification for FMLA:

** Serious Health Condition - Which requires inpatient care or continuing treatment by your healthcare provider... *** UhM Of which WLS falls under... Considering your insurance approved this because your MD's felt that it was Medically Neccesary, I find it stupid that your employer is just taking it upon themselves to classify this as they wish.  Either they are confused (always give benefit of the doubt) or the person you spoke with is just plain ignorant..

 

Hey thanks for the info. Im definatly going to look that site, but also I have paperwork from work on FMLA that states the same thing. Amd Im thinking how can I not qulfy. I will be staying in the hospital for at least three days, and once released will be under the continuos supervision of my doctor. Under there wordings I qualify. Im trying to play Devils advocate and belive that this person was , as you said, just plain ignorant. If thats the case Ill be happy to give he all the info she needs.

Here in lies the problem with people who don't understand the reason for WLS-morbid obesity is a serious SERIOUS medical problem and WLS is a proven and effective tool for correcting the medical problem.  However, My wise surgeon said "don't tell anyone at work you're having WLS, tell them you're having major abdominal surgery--and that is what he put on the paperwork submitted to my company,a nd FMLA was never a problem. When I had my TT, I listed it as excess skin removal due to prior medical condition, and was approved again.  When my benefits administrator called to verify the dates, she said--oh, is that like abdominoplasty, and I said yes, it's like that. Hewre's an article you can give your benefits administrator. http://www.asbs.org/html/pdf/2004_ASBS_Consensus_Conference_ Statement.pdf Talk to your surgeon's benefits coordinator too: he or she has problem dealt with similar situations. Good luck-- I think, though, that this won't be a probem for you. Ann

Thank you Ann, good info. Wish now that my Doctor had told me what yours did. I went ahead and printed out the article you pasted. Thanks so much!

I think they are mistaking ELECTIVE with COSMETIC.  It is an ELECTIVE surgery and I used four weeks of FMLA!

FMLA  covers WLS.  If they deny you contact the department of labor, www.dol.gov.   you can also go to the website and print out easy to read material to show the idiot HR people that yes it is covered. I work in HR and I HATE when other HR people do stuff wrong!! 

FMLA is not determined by your HR dept. it is determined by your physician and that paperwork is then turned in to your HR dept.  FMLA is a Federal Law and is open based on your employer having 50 or more employees.  If your physician signs the documents wa la you qualify.  Don't let them harass you. AmyBeth

Oh wow...I can't believe your employer is not versed in HR laws.    You absolutely have recourse, but I can't imagine if they were to become educated on the facts that they would deny you.   It is actually not up to them what qualifies for FMLA or not.  FMLA is a non-funded government mandate, that protects your job when you need to take time off work for a medical reason or to care for a family member who is ill.    If your doctor and your insurance company (which sounds like it is also their insurance company) agree it is a medically necessary procedure then you are eligible for FMLA.    They are opening themselves up to a huge discrimination problem if they tell you that you "don't qualify"

Thank you Sarah I will do that.