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Optional date for surgery

hrbankerhrbanker 243 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
One of my employees is planning a surgical procedure for the middle of July so she can be off most of the summer. I don't remember reading anything in the FMLA about timing of leave.

On the one hand, she has given me plenty of notice, but on the other she will be off at a busy time when we are working around vacations.

Is there anything I can do?
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Comments

  • 5 Comments sorted by Votes Date Added
  • deniseEdeniseE 902 Posts
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    Did she tell you that she was planning the surgery for this time period?

    Is it possible that this is the earliest available appointment with the surgeon? Some procedures, although not life-threatening, are still necessary and are scheduled well into the future...knee replacement and gastric bypass come to mind.

    The other matter may be childcare...if she is off work-unpaid--it may be financially more feasible to do this when she can also reduce her day care costs. Depending upon the age of the kids (assuming this is a factor) they may be of great assistance during her recovery.

    The bottom line, is that FMLA should be schedule whenever possible to pose the least inconvenience to the employer and provide peace of mind to the ee....you may have to consider how other requests were handled in the past.
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  • hrbankerhrbanker 243 Posts
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    The surgery is scheduled for that time frame. I didn't consider the assistance from her kids. That's a good point. They are teenagers. I've never had any leave scheduled so far ahead before. Thanks for your comments.
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  • RockieRockie 2,136 Posts
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    It really depends on the surgery whether it is elective or not. It appears that this is an elective surgery and if so, I would request that she attempt to schedule it at a more convenient time for the employer. This way it wouldn't leave you so short staffed around vacation time. But... it may be that this is when the surgeon could fit it into his schedule.

    Since her kids are teenagers, it doesn't appear that child care is the issue. Sounds like she just wants to be home for most of the summer.
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  • Don DDon D 9,834 Posts
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    There's nothing in the FML Act that suggests an employee should coordinate surgery with the employer's activities or with the activities of her other children. The timelines for giving notice to the employer in the form of a request, are well established and in writing. Nothing in your post suggests elective surgery to me. I had toe surgery a year or so ago and it was scheduled 4 months out, but it was surely not elective. We would all like to think we could have a back and forth conversation about this sort of scheduling and come out with all parties happy; but, the law does not require that. If the request is timely and the medical certification satisfies the requirements of the Act, the approval naturally should follow.
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  • hrbankerhrbanker 243 Posts
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    Thanks for the input. I couldn't find anything on the timing of FMLA, but thought I might have missed it.

    At least I have lots of notice to get a replacement.
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