Basically, if you plan on having a tummy tuck surgery, then you will probably not be able to use FMLA benefits during that time because it doesnt cover surgeries and other medical treatments that require an employees stay in the hospital or other facility where they are put under anesthesia or given sedatives (this can include cosmetic procedures). Few judges will second-guess a denial based on two independent medical assessments that say the surgery was not medically necessary. During a tummy tuck, you'll be under general anesthesia which makes you completely unconscious and unable to feel pain. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} } Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. After working for his company for nine months, the employee requested 6 weeks of leave to undergo a reconstructive burn surgery on his arm. I am a nurse and cannot work with any restrictions. I was told I could use all my leave only but I only have a week of leave available. -1) { I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. Hello areyanna, I agree with everyone else, I wouldn't say what the surgery is for unless you absolutely MUST. Strong interactive process procedures, including ongoing communication with the affected employee (where possible), are staunch tools in an employers possible defense to some ensuing discrimination claim. In order to qualify for FMLA, you must have worked for your employer for at least 12 months, and had at least 1,250 hours worked in the past year. .usa-footer .container {max-width:1440px!important;} In these types of situations an employee who was having breast reconstruction surgery would be covered under the ADA as an individual with either a current impairment or a record of impairment, as cancer is one impairment that should easily be found to substantially limit a major life activity. Thats right folks. The federal regulations read, "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.". Make an appointment with a cosmetic surgeon to find out if you are a good candidate for a tummy tuck procedure. That is to say, an elective procedure can result in inpatient care in a hospital, where complications develop. In addition, I have some urinary incontinence due to childbirth. . Just had a 3rd baby 4 months ago. Therefore, whether your employees leave falls under the FMLA would depend in part on whether the employee needs to stay overnight at the hospital or whether the surgery causes complications that then rise to the level of a serious medical condition (see below). The FMLA only requires unpaid leave. In the previous two situations we looked at cases where a person doesnt meet the definition of disability and cases where it would easily be determined that an individual does meet the definition of disability. A person may be able to take time from work for medical purposes in some workplaces. Tummy tuck. Today, an employer may deny a bonus or perfect attendance award to an employee who took FMLA leavebut only if the employer treats employees taking non-FMLA leave in an identical way. I didnt inform my employer of my surgery as it was private. Also on of the last drain tube wounds is now infected which burns like crazy. The employee contacted her employer and requested additional leave. For example, if you had a hip replacement and needed six weeks off work for recovery, FMLA would apply. The answer is the same: yes, so long as other employees who missed the standard, regardless of the reason, are also denied the bonus. If you are unsure whether your company is covered, check with HR or consult an attorney. Recent case: Chicago city worker Gladys Alcazar-Anselmo filed an FMLA retaliation lawsuit, saying her firing came soon after she requested FMLA leave for a scheduled surgery. .manual-search-block #edit-actions--2 {order:2;} During a tummy tuck, excess skin and fat are removed from the abdomen. A tummy tuck . Check out these best-sellers and special offers on books and newsletters from Mayo Clinic Press. Helpful Todd C. Case, MD Recommended reading ADVERTISEMENT FIND THE RIGHT TREATMENT FOR YOU TAKE OUR TREATMENT FINDER QUIZ ADVERTISEMENT $("span.current-site").html("SHRM MENA "); Employers are not legally obligated to provide employees with any time off for medical needs or surgery; they can generally fire employees who do not show up for work for any reason, regardless of whether they are ill or not. If you need surgery to treat an illness or injury, then it is likely that FMLA will cover your recovery period. Here, whether the leave is requested under CFRA or the FEHA, the employer is limited to obtaining a certification from a qualified provider that the leave is needed as an accommodation for a medical condition or disability, and the expected duration of the leave. A tummy tuck also known as abdominoplasty is a cosmetic surgical procedure to improve the shape and appearance of the abdomen. All rights reserved. I have undergone spinal fusion along with 2 other surgeries on my lumbar spine. You might need to continue taking an antibiotic as long as the drains are in place. How long should I wait to have surgery? Call for an Appointment. California courts have concluded that employers need not provide an indefinite leave of absence as a reasonable accommodation. Now that I am back, I told my employer about the surgery since they asked why I am walking like a hunchback, rather grumpy and I ve had to schedule additional appointments for seroma treatment. I cant take NSAIDS only tylenol which is not cutting it. (a) For purposes of FMLA, "serious health condition" entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care as. The perfect attendance example is pretty easy: as long as only those employees who incurred zero absences receive the award, then the employee who was absent under FMLA may be denied the award. One possible reasonable accommodation may be a further leave of absence. .table thead th {background-color:#f1f1f1;color:#222;} }); if($('.container-footer').length > 1){ Mayo Clinic is a not-for-profit organization. The FMLA law states that cosmetic surgery is not typically covered. The procedure was elective but corrective due to the amount of excess skin I had from lapband surgery. Each case must be addressed on a case-by-case basis, and there is no one-size-fits-all solution when it comes to reasonable accommodations. The FMLA and the CFRA both entitle qualifying employees to up to 12 weeks of unpaid leave per 12-month period for an employees own serious health condition that prevents them from performing their essential job functions. skin). The procedure was expected to be quick and the employee was scheduled to return home the same day. What is the average healing time and will my job approve FMLA for such a procedure? The tummy tuck may not be covered under FMLA, but the complications from it are. A. Everyone at work, including your boss, has no idea that you visited Hawaii and returned looking younger and more appealing. Having a nonsmoker lifestyle is a good choice for you. Published by Seyfarth Shaw LLP, this blog is for in-house attorneys, HR professionals, business owners, and managers who face real issues on a daily basis and need practical solutions to address them. 855-855-6484. #block-googletagmanagerheader .field { padding-bottom:0 !important; } A tummy tuck is suitable for both men and women who are in good general health overall and are at a stable weight. You'll also need to avoid positions that strain your incision line such as quickly bending at the waist to prevent the reopening of the wound. You know that scientist in the action movie who has all the right answers if only the government would just pay attention? 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