FMLA for Plastic Surgery

Doctor Answers 9

Mommy makeover - abdominoplasty

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The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.

It does not cover recovery from cosmetic surgery like a mommy makeover.

Los Angeles Plastic Surgeon

FMLA for Plastic Surgery

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Thank you for your question.

Unfortunately, the law is very specific and "elective" plastic surgery would not be covered under this act.

Best Wishes!

The Family and Medical Leave Act of 1993 (FMLA) does NOT Exend to Cosmetic Surgery

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To quote : "The Family and Medical Leave Act of 1993 (FMLA) is a United States federal law requiring larger employers to provide employees job-protected unpaid leave due to a serious health condition that makes the employee unable to perform his or her job, or to care for a sick family member, or to care for a new child

To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months.

The FMLA mandates unpaid, job-protected leave for up to 12 weeks a year:

  • to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;
  • to care for a seriously-ill family member (spouse, child or parent);
  • to recover from a worker’s own serious illness;
  • to care for an injured servicemember in the family; or
  • to address qualifying exigencies arising out of a family member’s deployment."


You need to discuss your concerns with your doctors.

Dr. Peter A Aldea


Peter A. Aldea, MD
Memphis Plastic Surgeon

Mommy makeover does not entitle you to protected job leave.

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The law is complex and quite specific. To answer your question, cosmetic surgery is not covered.

George J. Beraka, MD (retired)
Manhattan Plastic Surgeon

Check with your employer!

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My recommendation would be to check directly with your employer and the department that handels FMLA claims.  Be honest about what procedures you will be having and they can check into all the guidelines that may or may not apply in your case.

Renato Saltz, MD
Salt Lake City Plastic Surgeon
5.0 out of 5 stars 16 reviews

Fmla and mommy makeovers

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This probably varies from state to state but it is a good chance that it does not fall in the scope of FMLA. Most insurances do not cover this procedure, so it is likely that FMLA does not apply. It does not hurt to ask so call you state directly to get that information. Dr. V South Shore Plastic Surgery

Bhupesh Vasisht, MD
Voorhees Plastic Surgeon
5.0 out of 5 stars 94 reviews

FMLA & Surgery

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The Family Medical Leave Act was passed in 1993 and allows patients to take up to twelve weeks off of work for family medical issues. Unfortunately, the law does not apply to cosmetic surgery procedures. 


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I have signed these for our patients in the past, if the patient legitimately qualifies for the FLMA program.  Check with your own physician and your employer on this.

FMLA status

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    You should contact your prime care doctor.  It may.  These things change frequently.  Never just give up.  Keep trying.  Try you lal medical school also.  G0od LUCK. 

These answers are for educational purposes and should not be relied upon as a substitute for medical advice you may receive from your physician. If you have a medical emergency, please call 911. These answers do not constitute or initiate a patient/doctor relationship.