Q. One of our employees is having cosmetic surgery and plans to take leave. Would that fall under the
A. Surprise! Your employees may be entitled to federally protected medical leave for their tummy tucks, nose jobs and face-lifts. Remember: The definition of “serious health condition” under the FMLA has nothing to do with the nature of the underlying condition.
Rule of thumb: A serious health condition exists if (1) the cosmetic treatment involves inpatient care; (2) complications develop; or (3) the treatment follows illness or injury (such as the removal of a cancerous growth). In most—but certainly not all—other cases, cosmetic treatments are not serious health conditions.
- Consider more time off as reasonable accommodation
- Attendance discipline needs care if employee qualifies for FMLA leave
- If you violate FMLA, prepare to pay employee's attorneys' fees, too
- Review policies so voluntary benefits don't become mandates
- Must we provide extended leave for employee to care for son wounded in the line of duty?