FMLA for Plastic Surgery

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.

Are you asking whether plastic surgery can be covered by FMLA? If so it would depend on what procedure you are having and your medical history associated with that issue

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. 

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.

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

Hello and thank you for your question.   Unfortunately, FMLA doesn't cover cosmetic procedures, only medically necessary .  

Thank you for your question.

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

Best Wishes!

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


 

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.

Hi.

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