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Opinionated | Can a leave of absence due to cosmetic surgery be covered by FMLA? |
Additional Details
To the first answerer to my question:
You wouldn't be paying for anything. As long as I've been at my job for over one year, which I have, I am entitled to leave time due to recovering from a medical procedure. And the expenses incurred would be mine. I pay for my medical insurance buddy, it's taken from my check each pay period, Einstein.
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mbrcatz
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Yes, it doesn't matter WHAT the medical reason is, if it's you, as long as the doc says you can't be working. |
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mamatohaley+1
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Not necessarily.
See this website: http://compensation.blr.com/display.cfm/id/151741
It also links you to the Dept of Labor that explains in detail. If I read it right it is only covered if you have inpatient hospital stay. In other words I think minor cosmetic surgery would not be covered.
My mom asked her boss and he checked with HR and they told her no. She did not tell them that it was a tummy tuck which might require overnight stay in hospital - in turn I think making it qualify for FMLA |
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Expert Realtor
 |
Easy answer...NO.
Elective cosmetic surgery does NOT fall under short-term disability or FMLA.
Any time off your employer gives you is strictly up to them, and they are not mandated by any law to give it to you.
I knew of a man that owned a brokerage where he had a receptionist that was a little addicted to cosmetic surgery...he eventually got tired of her "recovering" all the time and eventually let her go when she told him she was taking time off for a tummy tuck whether he wanted to give it to her or not.
He fired her when she didn't show up the day she had her surgery, and she TRIED to find an attorney to sue him, but she couldn't find one willing to take the case....b/c it wasn't winnable. |
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sea_sher
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yes, when I had my breast augmentation, my work allowed me time off with a doctors note. I had to use all my vacation first though. |
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holdenbm@sbcglobal.net
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The Family and Medical Leave Act (FMLA) does not cover time off related to an elective cosmetic procedure, unless the procedure would be considered to be "restorative."
From the FMLA regulations:
"(c) Conditions for which cosmetic treatments are administered (such
as most treatments for acne or plastic
surgery) are not ``serious health conditions'' unless inpatient hospital
care is required or unless complications develop...
Restorative dental or plastic surgery
after an injury or removal of cancerous growths are serious health
conditions provided all the other conditions of this regulation are met." |
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Spicoli
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i hope not, i am not paying for you to have yer azz redone. |
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