FMLA and elective surgery

pdburk

Does anyone have experience with bariatric surgery as a reason for FMLA? I believe it's considered elective, although the exclusion clause says:

"Voluntary or cosmetic treatments not considered medically necessary, unless inpatient hospital care is required or complications develop."

To complicate matters, the individual is a "key employee". I would welcome any comments.

Thanks

mushroomHR

[font size="1" color="#FF0000"]LAST EDITED ON 02-19-04 AT 09:35AM (CST)[/font][br][br]If it fits the criteria for FML it will qualify for FML. The employee will be absent for more than three days, there will be a period of incapacity, an overnight stay in the hospital, contining treatment by a health care provoder, etc. This elective surgery will qualify for FML.

We had someone undergo this procedure last year and I put him on FML.

Rockie

I don't think I would put this type of surgery in the category of cosmetic surgery. It may be elective, but generally, surgeons will not perform it unless the individual is morbidly obese (100 pounds or more). I would let this one go as FMLA.

Whatever

If ee was not a key ee, surgery would be covered under FMLA. However, if they are morbidly obese, they could be perceived as disabled under ADA. I know I complicated things. However, if you really want to keep the ee, you could protect their job. If you don't want to protect their job, I would consult an attorney.