Would weight loss surgery qualify as FMLA?

criddle

An employee is requesting FMLA for a surgical procedure for weight loss. The procedure is covered by our insurance plan and does require an overnight stay in the hospital. The physician states on the Certification form that the surgery is due to "elevated BMI". Would this diagnosis be enough to conclude that FMLA should be granted? Has anyone had a similar request?

ACU Frank

It's not so much the surgery, but the recovery that dictates FMLA. I would think this probably qualifies.

NaeNae55

Insurance coverage is not a qualifying factor for FMLA. Though you might not consider 'elective' surgery as a serious health condition, I believe, like Frank, that recovering from any major surgery qualifies as a serious health condition. Coming back to work too soon would put the employee's health at risk.

In any case, this is not really up to you. Unless you are a qualified physician, you cannot determine what consititues 'serious health condition.' If the employee's physician completes the paperwork and states the employee needs time off to recover their health and to be fit for work, then you must either honor it or get a second opinion.

Ahh, the joys of HR.

Good luck!

Nae

criddle

Thank you both for your input. The elective surgery aspect was tripping us up on if it was a SHC under the FMLA or not vs recovery time off under medical care.

Still Need Coffee

We had this exact situation come up last year, and we designated the surgery and recovery time as FMLA, pre-op appointments were not.