Sick Leave / Cosmetic Surgery etc
jkenney
2 Posts
Does anyone have language in their Sick Leave Policy that excludes proceducres that are not medically necessary from sick leave?
This could include comsmetic surgery, surrogate parenting etc.
Thanks
This could include comsmetic surgery, surrogate parenting etc.
Thanks
Comments
I don't know if your shop is subject to FML, but I would suspect that the two issues you mentioned "may" both qualify for FML under certain conditions.
Surely your company does not want to be put in the position of making these judgements?
I don't know about surrogate parenting. I suspect if you're pregnant, you're pregnant and it doesn't matter if you're carrying the baby for someone else.
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
I know the FMLA discusses voluntary treatments that are not medically necessary are not covered.
I went to a training recently where the legal beagle who conducted the session discussed this provision. He stated that the doctors delivering the 'cosmetic' surgery procedures are quite adept at making the case for the medical necessity of the surgeries in question and suggested the safest course was to honor those certification when they came your way.
He also stated with strict interpretation of the HIPAA laws, it is likely the employer would never know what the procedure was and would have to rely on the limited information in the medical certification.
That is why I said the procedures MAY qualify for FML.
However, I don't want to pay sick leave for optional surgery that is for reason's not related to the employee's health.
They can take FMLA but they I would want them to use vaction leave first and unpaid leave after that.
>rights.
>However, I don't want to pay sick leave for
>optional surgery that is for reason's not
>related to the employee's health.
>They can take FMLA but they I would want them to
>use vaction leave first and unpaid leave after
>that.
You should have a written policy stating whether you require PTO/Sick leave to be used or not during FML. You may not pick and choose when you do or do not depending on the reason.
Thanks for clarifying. First, the company can make the call that paid leaves run concurrent with FML, and we do have that policy at our shop.
As to surgery not related to the EE's health, I take a different view.
What kind of limits do you want to place on an EE's health. Do you consider mental health and things like self-esteem to be a part of the picture? Many have suggested that feeling good about yourself is the thing that sets up overall good phycical health.
I am not sure of the answer, but I am sure that I do not want to place my company in the position of determining medical necessity. That saying one EE's facelift is not as important as another EE's broken arm. I think that making those decisions can bring liability exposure that I don't want our shop to deal with.
This is just my opinion. I am sure you can find others on the forum that would take a harder line, I am just not one of them.
Good luck.
It makes no difference to us whether the surgery or procedure is "elective" or "optional." With appropriate physician certification, the employee would receive all leave benefits due them, including payment of accrued sick time and, if applicable, FMLA job protection during their time out.