Wisdom Teeth & FMLA

macbritt · April 2003

We are getting multiple requests for FMLA for wisdom teeth. We use the physician certification form for the employee to get the necessary information. The problem is that we've had dentists complete the forms allowing for absence anywhere from 4 - 6 work days for removal of teeth. I don't consider removal of wisdom teeth (with no complications) as a serious health condition that involves incapacity. I do recognize that there may be 2 dental visits. I am struggling with why this may be a qualifying condition under the FMLA. What are other experiences with this "condition"?

PAhr · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 08:16AM (CST)[/font][p]I would err on the side of caution and allow the FMLA for the following reasons. First and foremost the removal of wisdom teeth is a surgical procedure and surgical procedures are covered under FMLA. And don't assume that it is elective surgery because it is usually suggested that these teeth be pulled when problematic symptom emerge. The roots of wisdom teeth are much larger than normal teeth. If left unpulled the roots have the potential to grow into nasal structure, which obstructs normal function causing sinus headaches, bacterial infections and ear infections. They also have the potential of becoming absesses which is an infection that usually shows no signs until the infection has spread. In extreme cases this can lead to hospitalization. The roots can also grow around nerves which can cause chronic pain or paralasis in extreme cases. After the teeth have been pulled the person is usually put on powerfull drugs to reduce the pain such as Percocet or Darvocet. Lovely drugs which can severely alter thought process and make it nearly impossible for a person to do their job and in some cases, depending on the job the employee does, it could be very dangerous.

Look at it this way, by allowing the employee the four to six days to get the problem fixed now you will be reducing the amount of work the employee might later miss due to infections or headaches.

macbritt · April 2003

I ageee in theory with you. However, these particular cases have no complications or extenuating conditions. If they did, they would be considered under FMLA. I understand the drug issue as well. However, when reviewing these certs. there are no complications, the diagnosis is routine except for the fact that the doctor says to stay out of work for 6 days. I am not aware of dentists keeping patients on darvocet, lortab, etc. for 6 days if there aren't complications. General experiences are that the patient has the surgery, may miss one day, maybe two at best and returns to work. They return to the dentist several days later to get stitches out but have worked that interim period. Research indicates that periodontal disease and routine dental is generally not covered under FMLA (again if no complications.)so why would routine wisdom teeth extraction be considered?

PAhr · April 2003

Because the removal of wisdom teeth is 1) a surgical procedure and 2) it is not elective surgery 3) will require follow-up care. You can always exercize your right to have the employees evaluated by a dentist of your choice (and your expense) but most dentist feel that wisdom teeth need to be removed to reduce the chances of future medical problems. The only difference might be the amount of time the dentist thinks is acceptable time off to recover. But if you decide to go this route you must inform the employee that they have the right to a third and binding evaluation (again at your cost). This just seems like a lot of hassle over a few days off.

POPEYE · April 2003

Check out sections 825.114 and 825.118 of the Federal Regs. A Dentist is a "health care provider" and if he/she certifies a serious health condition and stipulates a specific amount of time, that cannot be questioned. Reading 825.114 carefully even gives entitlement even though the employee of the immediate family member does not receive treatment from a health care provider.
I agree with the above post that What is the big deal? As long as you are consistent when a physician certifies, the quicker the EE uses the time, the sooner you no longer have to worry about it.

Rockie · April 2003

It would be interesting to know if these employees were all using the same dentist. Personally, I have never known anyone to take off 6 days to have wisdom teeth extracted. I didn't take this much time off with extensive periodontal work. True, there are sometimes complications with bruising, swelling, dry sockets and all that other nasty stuff, but normally a person would be functioning again in a couple of days and most stitches are dissolvable.

But...on the other hand, you will be wasting a lot of your time trying to second guess these people. I would just let them burn up their leave (hopefully,your leave runs concurrent with FMLA). If the dentist signs the certification stating they need this much time, I would just let it go...it's not worth the hassle and waste of your time.

Wisdom Teeth & FMLA

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