FMLA & Extreme Makeover

National Guard · March 2004

One of our employees came into HR and informed us he just got accepted to Extreme Makeover - the TV show! He will be gone about 6 weeks. He wants to take FMLA Leave. He says it is a serious health condition. Honestly he does need some major dental work and has lost a lot of weight and his skin sags dramatically. Does this qualify for FMLA?

Whatever · March 2004

I wouldn't cover it. It is cosmetic surgery.
However, do you want anyone going on TV telling the whole world how heartless your company is. (Here's where I become cynical and sarcastic). After all, this very lovely, warm, charming, excellent worker and asset to the community, who has done so much for so many is entitled to have this wonderful thing happen (and in the process get thousands of dollars worth of free cosmetic surgery that wouldn't be covered by the group health insurance policy which will still be effective if he gets a FMLA).
End of rant of the day.

Balloonman · March 2004

Myself if it were within your company policies I would offer an unpaid personal leave, with him paying 100% of insurance costs.............. does not sound like FMLA to me.
My $0.02 worth!
DJ The Balloonman

marc · March 2004

Have his provider fill out the medical certification paperwork and take medical diagnosis responsibility out of your hands. Some surgeries that would appear to be cosmetic can be determined to be medically necessary and therefore qualify for FML.

An attorney conducting a recent training said that doctors can find amazing loopholes as to the medical necessity of all kinds of procedures involving patient needs. If you get the certification and you have real problems with it, pay for the second opinion, and then the third if a tie-break is needed.

If you grant unpaid leave, you are setting a precedent that may bite you in the butt later.

From a different perspective, could these procedures result in the happiest, most productive EE in your company? Think of the surge in this persons effectiveness as his self esteem sky rockets. Could be great for the company.

Balloonman · March 2004

And you will be getting rid of a butt ugly employee and replacing him with a decent looking one! Bonus. At least with extreme makeover that seems to be the case.
My $0.02 worth!
DJ The Balloonman

Rockie · March 2004

Good one Balloonman! I have a few I need to send to this TV show!

AJ SPHR · March 2004

I agree with Marc - cosmetic surgery may apply. I never try to judge the medical reason, but have the provider fill out the medical certification and take it from there.

deniseE · March 2004

Give the guy the paperwork, if the doctor will certify it, you need to lose no sleep. If he doesn't...then you have a few options...do you have a "leave without pay" or leave of absence? He may fit into one of these.

I know it's hard to not judge these situations based on our own experiences and preferences...but FMLA regs make it fairly easy...it's left up to the doctor in charge of treatment to make the diagnosis...all we need to do is stamp "approved" and wait out the 12 weeks.

Don D · March 2004

If his "Before" photo shows that he can eat corn out of a jug and he promises to have the turkey-neck pulled up tight under his ears, approve it. If he says they will cure his flatulence problem, that's a definite plus. Let us know how it all comes out.

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

HRQ · April 2004

>If his "Before" photo shows that he can eat corn
>out of a jug and he promises to have the
>turkey-neck pulled up tight under his ears,
>approve it. If he says they will cure his
>flatulence problem, that's a definite plus. Let
>us know how it all comes out.

When I said your gift for colorful writing inspires great mental images, I meant it, Don D! Eat corn out of a jug. x:D

Tish · April 2004

I agree with Marc. I look at what I have to to make the qualifications for FMLA - been with company for at least a year and worked the required number of hours; after that it is out of my hands and the doctors decide. Prevents me from making personal judgements.

Don D · April 2004

Some medical procedures are specifically cited in the regs as being unqualified.

2445428 · April 2004

Tish,
I couldn't agree with you more. Takes the monkey off your back.

National Guard · April 2004

Thanks for all of your responses. The ee's request will probably be approved. THe consensus of everyone seems to be to approve it and also have the doctor certify it as necessary. Thanks again.

FMLA & Extreme Makeover

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