Serious Health Condition

funkysan

When I read the definition of serious health condition, I don't believe that when an employee goes out for a self imposed surgery such as a vasectomy, that this would meet the conditions and therefore would not be elibible for FMLA. Is this a correct analysis. I understand if it was required because of a related health condition than this would fit. Could someone please advise. Thank you for your help.

Don D

Hummm. Would a 'self imposed' tubal ligation, for other than medically necessary reasons, qualify for FMLA? Probably not. It might be elective surgery.

mushroomHR

How about gastric bypass? I feel that is a serious health condition as the employee is spending a few days in the hospital. Does that qualify?

Don D

I've read that elective, cosmetic surgery doesn't qualify; but, I'm not sure what others don't or why.

Whirlwind2

Just a thought on gastric bypass, since it's getting increasingly common. Most people cannot afford this procedure unless it's paid for by insurance, and insurance (at least the carriers I'm familiar with) won't pay unless a doctor has deemed the patient's weight to be a serious threat to their health. E.g., I know someone who had it and was able to avoid double knee replacement due to all the weight she lost. Sort of a "pay now or pay later" philosophy. Me, I'd rather give someone the brief FML necessary for medical neutering, as it were, than spring for one or more FML stints pursuant to future childbirth.

AJ SPHR

I've read that if cosmetic surgery is not eligible, UNLESS it results in a hospital stay of 3 or more days.

marc

One of the legal beagles I spoke with regarding cosmetic surgery said that it does not qualify on it's face (pun intended), but that the medical profession was getting very good at coming up with other serious health related reasons, including mental health, to make it qualify. He seemed to think the exclusion was a weak shield that could be pierced with just a little creativity.

Rockie

Gastric bypass would qualify for FMLA as it is only performed on those with morbid obesity (100 pounds or more overweight). It's not the latest fad diet.

Other cosmetic surgery might be a tossup. Usually tubals and vasecs are done on an outpatient basis and not considered a serious health condition unless specified by the doctor. Usually a female having an unwanted pregnancy would have more of a health problem than a male with an unwanted pregnancy. (Unless he is tomcatting around and his wife finds out about it).