Is this FMLA

GLC

Can someone clarify the statement below pertaining to FMLA. We have an EE who is having outpatient surgery from Wed-Thur, returning Monday. If the EE does not normally work the weekends, she is techniquely not going to be out more than 3 days. She still may be recuperating at home over three days because of the weekend. I don't think this is covered under FMLA because she will only be out for 3 days, not more than 3. What do you think?

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

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

B. Treatment by a healthcare provider on at least one occasion that results in a regimen of continuing treatment under the supervision of
the healthcare provider.

Susan in La

If the person has been treated two or more times (post op visit and surgery) they don't have to be out more than three days, or if there is a continuing regimine of treatment. I think it could be if the physician certifies it as a serious health condition.

SMace

To be considered absence plus treatment they DO have to be out more than three days. It could be considered under other types of serious health conditions, but not absence plus treatment.

LindaS

You have your answer in your post. THREE CALENDAR DAYS. It does not matter whether or not she works weekends - CALENDAR NOT WORK DAYS.

It is FMLA.

Catbert46

You also would want to certify and count the time towards the FMLA limit. You never know what might happen. It may be that she has a more difficult surgery than the doctor anticipates and her time out could be extended. It is always in your best interest if the treating physician says it qualifies to record it, just in case.

System

LindaS is exactly correct. If the employee is incapacitated for more than three consecutive calendar days, the employee is eligible. It doesn't matter whether or not the calendar days happen to coincide with days the employee otherwise would be working.

Like LindaS suggests, if this were not the case, then the statute would read "more than three consecutive work days."