Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the, or would it be a leave of absence?
A. The FMLA provides for leave for “serious health conditions.” Under the regulations, conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) “are not serious health conditions unless inpatient hospital care is required or unless complications develop.” (29 C.F.R. § 825.113)
Therefore, whether your employee’s leave falls under the FMLA would depend in part on whether the employee needs to stay overnight at the hospital.
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