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Tubal Ligation

morrisgmorrisg 102 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee wishing to go and have her tubes untied so she can attempt to get pregnant. There are no medical conditions that are making her physician say this has to be done. I would say this is not FMLA unless it was to turn into a medical condition as a result of a problem with surgery. Your thoughts.
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  • Myrna MinkoffMyrna Minkoff 37 Posts
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    I think you should review the FMLA regs - specifically 29 CFR 825.114. One of the circumstances resulting in a serious health condition is an overnight hospital stay, which I assume would probably be necessary for this procedure. Even if hospitalization is not necessary, I think it likely meets at least one of the provisions regarding continuing treatment.

    Although the procedure may be "elective" in your opinion, that does not mean it's not covered by the FMLA. The regs specifically provide that "cosmetic treatments" are not serious health conditions unless inpatient care is required or complications arise.

    In my opinion, you should provide FMLA notice and see what the med cert says when she returns it. Without that information, I don't think you can make a decision.
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