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.
- Leave as a disability accommodation: Are your policies compliant?
- Tell supervisors: Never discourage FMLA leave
- If doctor's note is unclear, insist on a properly completed FMLA certification form
- ADA alert: Managers and supervisors can't force workers to disclose illnesses
- Compassion of 'Donated Leave' Comes With Caveats