Wisdom Teeth surgery

HR Hazel

Just a quick question of FMLA qualification:

I have an employee requesting leave for 4 days for the extraction of her wisdom teeth. She is having outpatient surgery. Her surgeon is completing the Medical Certification tomorrow, so I can only assume that the 3 days off after the surgery is for recovery and is medically necessary as required by her surgeon (this is what her manager has told me also).

What are your thoughts? Should I designate this as FMLA? Thanks for you help.

marc

While having Wisdom teeth removed qualifies as serious (just ask anyone who has been through it), it does not qualify as continuous. This would be more like the flu or some other stomach virus in my opinion. Unless there are complications that cause further treatment and time off related to that treatment, I would not call this an FML condition.

Rockie

I think this would depend on the degree of the surgery. Some folks breeze through it (I was back at work the next day), but others have to have them pulled out of the jawbone, etc. (OUCH!). If it was necessary to be out more than three days (certified by dentist), I'd tend to allow it.

HR Hazel

Thanks
I am considering counting it as FMLA. If anyone else has any thoughts please share.
It's a tough call and my boss is on vacation this week and we usually discuss these things together before making a decision, so it is helpful to hear other opinions!

cthr

FMLA does not require continous treatment:

Absence Plus Treatment

(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity2 relating to the same condition), that also involves:

(1) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
3 Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.
4 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.

Don D

Et Cetera? Other than the jawbone, from where could teeth be extracted? Well, there's the seat of my britches, right?

Rockie

>Et Cetera? Other than the jawbone, from where
>could teeth be extracted? Well, there's the seat
>of my britches, right?

Don....as much as I like your visual, I think they can either be impacted into the jawbone or in the soft tissues of the gum. Hee Hee!

rad

Don, my wisdom teeth were so impacted in my jawbone,my gums (which were hardened from years of seizure medication) and partially underneath another tooth that the dentist had to put her foot on the side of the chair for leverage as she pulled the tooth. I was so whacked out on nitrous oxide I didn't care and thought that was just the funniest thing I had ever seen!

SMace

If it falls under absence plus treatment (through certification) I would allow it.

njjel

We in HR have so many other fires to fight that I would allow FMLA here and not worry about it. Let the dentist make the cert. and go with it.

HR Hazel

Thanks all
I made the decision to designate as FMLA.

Now off to another fire : )

2445428

Get the Dr. to fill out the medical certificate. If he wants her out of work for 3 or more consequetive days and if she is on medication, which I'm sure she is, then count it as FMLA. Why sweat the small stuff?