Out of country for FMLA?

Ruskanen

I have an hourly employee that says her daughter needs orthodontic surgery. She has some baby teeth that are not coming out and the new ones are coming in crooked around the old ones. Since the procedure would be expensive and our insurance won't cover it, she wants to go to Mexico to do the procedure. But of course it is during December and she is asking for 3 weeks, which is more than what she would need for travel time to and from and a couple days to do the procedures. Does FMLA cover travel time when an employee chooses to have surgery out of state/country? If so, shouldn't it just allow for the time needed and not, "As long as I'm here I'll visit all my relatives."

SMace

This procedure sounds like it would be covered by FMLA. I never make a decision whether to accept or deny until I have the paperwork in front of me. So, I think you are jumping the gun. Give her the paperwork and wait and see what you get back. I'll be very surprised if a doctor from Mexico will fill it out. If that's the case your decision will be very easy.

Ruskanen

Actually, the issue is not so much if it is covered or not. It is should we allow 3 weeks when one and a half weeks or two weeks would be sufficient?

On a separate note, we have had employees go to Mexico and have had FMLA paperwork filled out without a problem.

POPEYE

I would go with what the attending physician states for the length of time necessary. If that is 1 or 1.5 weeks then that is what I would approve the FML for. If the EE decides to spend time with relatives and you don't offer any other type of leave or they don't have vacation to cover it, then they would be subject to your disciplinary action for attendance. I would advise them in writing of your stand concerning this prior to them leaving if you don't get the certification before.

System

FMLA leave is only for the time needed to care for the kid, plus travel time. And I assume your FMLA paperwork asks the doc how long this is.

In reality, tho, I bet the doc will say three weeks is needed, e.g., no school for a week, no traveling (at least not further than the nearest beach), bedrest (or beachrest).... O=* Maybe I'll give it a try.

James Sokolowski
HRhero.com

irenesmsaclaims

FMLA leave is for a "serious medical condition" of the employee or certain family members. Has anyone experienced this scenario?

SMace

You're jumping the gun. You can't make a decision until you have the paperwork in front of you. If you do, you are making an uninformed decision.

Don D

In this case I would require the advance paperwork, review it and make a determination. The intended procedure is known in advance (anticipated) and the paperwork should be provided to the employer in advance, not after the employee returns. You don't go to Mexico or anywhere else and search out somebody to perform surgery. If the employee has located a physician and scheduled this procedure then the paperwork must be provided to you upfront, as allowed under The Act. contrary to popular belief, Mexico is not a third world country. (rinse please).

LindaE

May I ask a stupid question? I thought I saw in the FMLA regs somewhere that a physician had to be licensed to practice in the U.S. Weigh in, gurus, because we have a large hispanic population here.
Thanks,
Linda

POPEYE

Section 825.118 (b)(5)
What is a "health care provider"?

A health care provider listed above who practices in a country other than the US, who is authorized to practice in accordance with the law of that country, and who is performing within the scope of his or her practice as defined under such law.

Don D

Linda: There are no stupid questions, only stupid doctors. This is a quote from the Act but I'm not sure exactly what section.

LindaE

Ha! Too true, Don! Hey, where's that steak and long neck you recommended a few weeks back...?Linda Emser

National Guard

Of course I am going to ask: Why can't the baby teeth just be pulled (as opposed to surgery) to allow room for the permanent teeth? That is exactly what happened to one of my kids. I guess dentists are now crossing the dark side along with doctors who say anything the ee ask them to in order to get out of work for a while.

A sidenote: This also happened to us: Last year our 13 year old had to have two teeth pulled at the dentist's office at a cost/co-pay of $100.00 per tooth. She has braces and has had them on for two years. The ortho said the teeth had to be pulled before the next stage in braces could go on. We tried everything to get her to either pull her own teeth or let one of us pull out a tooth that was already extremely loose. We even went so far as to offer the HER the $200.00 dollars it was going to cost us for a 5 min visit in the dentist chair. She wouldn't budge. That was the hardest $200.00 to part with! Thanks for enduring my memories.

Don D

I can't believe you did not tell her that she could have MTV if she pulled her own teeth. That would have worked for sure. PS: I think the reason surgery was indicated in the original post was because the teeth were impacted, unerupted. It's been years since we went through this ordeal with both of ours. It's a racket. Just like tubes in the ears which nobody ever heard of when I was a kid.