FMLA Qualifying?

FunHRBanker · February 2008

Employee is scheduled for unexpected out-patient surgery tomorrow (sudden problem since her last child was born in September). She will only be out for 2 days. I'm not sure if this would be considered FMLA eligible. My gut says yes, but I wanted to verify with the experts. She wants to just use sick time, but I'd like to get the FMLA clock ticking!

Irie · February 2008

I would give her the certification form and have her doctor complete it. Then you can base your decision on his certification.

Remember - you aren't a doctor and shouldn't be making the decision as to whether or not it is a serious health condition.

IMHO

Msferra · February 2008

Her surgery day and two days of recovery sound like three days to me. Plus she is going to incur ongoing care or follow-up care. Sounds like FMLA to me, but the healthcare provider is going to be the professional to give you the direction you need. Good luck !

stilldazed · February 2008

Probably is FMLA, so the safe step to take is to offer the protection pending medical certification. and ask for a medical stmt to confirm. .

FunHRBanker · February 2008

Thanks for your help! You reaffirmed my gut feeling.

FMLA Qualifying?

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