FMLA For Plastic Surgery

Is Plastic Surgery covered under FMLA? I'm looking at my employers forms and they say a serious health condition and one being requiring an overnight hospital stay. My surgery will be outpatient so I don't know if number 1 fits the bill. Number 2 states Absence plus treatment which this could fall under since it will be a health condition (surgery) requiring follow-up exams and some bed rest. I just want to make sure I can use FMLA for this. Anyone know?

It is a serious medical condition because you are having surgery. If your employer has more than 50 employees w/in a 50 mile radius and if you have worked there for atleast 12 months, you should be eligible. Also, you need to approach your HR folks and get any kind of forms you might need to fill out. There is a form that your surgeon should fill out that will indicate that it is a medical need that you have time off from work. Also, you do NOT have to disclose to your company what type of surgery you are having done - by law, they can't ask and you do not have to disclose it. Remember, FMLA only protects your job for 12 weeks (does not have to be 12 consecutive weeks) and it only protects a "comparable" position for you, i.e., the same rate of pay and same type of job duties. If your company has short term disability, you should also file for that. FMLA does not require that the company pay you for time off. Only that your medical insurance coverage is still in effect and that you have a job available for 12 weeks. Good luck, Cheryl

Thank you Cheryl. Hopefully, I'll still have my consult tomorrow and get them to complete the paperwork and all will go smoothly.

Yes it is. I just had mine approve me to be off 6 weeks, although doctor was asking for 8 so I have to have him submit additional medical documentation to get the extra 2 weeks covered.

Thanks, Tina. I'm hoping to only be out two weeks, but I can take up to five weeks right now based on my length of service with the company and still get paid, not FMLA 12 week rule.

Mine was approved also. I only took three weeks in March and three weeks this time as I wasn't sure if my third round of PS would fall in the same calendar year and come out of the same twelve weeks. I took three weeks off for my extended abdominoplasty with giant abdominal hernia repair and two and a half weeks off for my breast reduction and thigh lipo. I stayed in the hospital two nights for the TT and one night for the BR. Good luck!

it is not necesarily a calander year but a rolling 12 months ie, If you were off in March the 12 months starts then. if you were off 12 weeks starting in march you would not be eleigilbe again until next march. and only if you work the required number of hours, 1250 I believe in the past 12 months. I got it in Sept and I had over 1250 hours from sept 2003 - sept 2004, but in April did not qualify because of the 6 weeks I had taken off in Sept 2004 I did not have the 1250 hours from April 2004 to April 2005. so I just took a personal leave, but that does not have the same job guarentees as FMLA. confused yet?

Thank you for your response, Nicole. I'm just hoping they continue the salary portion, but I think from the responses I've gotten, they will.

it is not for your employer to determine if the surgery is necessary or medical or whatever, You are not exactly off to have surgery but to recover from surgery, The determinate is if you can work after your surgery, not if you can have the surgery or if the employer thinks it is necessary. . (does that make sense?) I learned this when I needed an achilles tendon repair and the manager I had at that time - she is now gone- told me I could not be off as it was in her view *elective* and it was not a good time to be off etc. I called the labor board, as I am a rabble rouser and don't believe in taking cr@p off of ignorant people. Funny, now the direct managers have no role in FMLA any more, it is ONLY thru HR. the managers do not see the forms and are not informed of any reason or any information whatsoever about why you are off now. they are only told you will be off and the anticipated date of return. for plastics I did not exactly tell my employer (HR) the exact surgery, I put abdominal surgery on the forms. (true) and when I had thighs and breasts done I just put reconstructive surgery after massive weight loss. (also true) My direct superviser knew exactly what I was having done because I told her (hr processes all the forms) When I told her the response was.... a great big hug and - congratulations - you deserve this for all the work you have done losing the weight.

Thanks for your response. I'm hopeful to get an answer from HR soon so I'll know for sure, but from all these responses, doesn't seem they have a leg to stand on.