Intermittent Dental Work count as FMLA?

Ruskanen

I have an employee that has missed three half days of work for treatment for gum disease at the dentist. He will have to miss two more half days for continuing treatment. In order to save his unpaid time off, he inquired if he would be eligible for FMLA. I looked up on dol.gov and found this.

"FMLA permits you to take leave to receive "continuing treatment by a health care provider," which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis."

Does the continuting treatment by a health care provider include the dentist in this situation? I'm inclined to say yes. Any other opinions?

Rockie

I can't find anything in the regs that even addresses dental treatments as a "serious health condition". I assume if the employee had complications from a procedure that would cause him to miss more than 3 days, such as fever, swelling, etc., this might qualify.

Ruskanen

I did some more reading and I am interpreting it to be an "and/or" issue. Either 3 consecutive work days or longer OR ongoing treatment from a physician (or dentist?).

[url]http://www.dol.gov/elaws/esa/fmla/shc.asp[/url]

Pork

825.115, page 25 Federal Reg Part 825 gets to the crux of the issue; "An eligible employee may take FMLA leave due to a 'serious health condition' that makes the employee "unable to perform the functions" of the employee's position. section 825.115 of the Interim Final rule states that an employee is "unable to perform the functions of the position" where the health care provider has found the employee unable...... Bottom line the health care provider decides, and we the company execute the will of the health care provider. Now, unless the person's dental condition is a part of the essential funtions of the job I would question this being a FMLA case at all. Given your situation in any job in our company outside of the receptionist it does not qualify and I would seek my legal garu's backing and move forward with a disapproval. Now that does not mean that we would not cooperate with the employee in getting to his/her dentist needs for continuing dental attention. If the dentist says his/her health is in jeopardy, we support his dental opinion and cooperate but protecting the employment rights under FMLA would be the wrong decision......... Hope this helps Pork

dhnyct

As I understand it, the employee's main concern is not having to use leave time for the dental procedures. Input from the health provider should help clear up questions regarding the FMLA determination. Either way, we require the use of leave time concurrent with FMLA.

njjel

I would give him the FMLA time if he wants it. The sooner they use it up the less we have to worry about!