FMLA - Reason to take leave

TriciaGunderson

I need advice about out of the country dental work.  Employee is asking for a month off to have the dental work done n Mexico.  Is this considered a serious health condition?

HR36

It really depends on how serious and whether the employee can certify a serious health condition. The new FMLA regs have rules for out of the country certification. I would use the new DOL medical cert form for employees (http://www.dol.gov/esa/whd/forms/WH-380-E.pdf) to determine if the condition qualifies for FMLA leave. My understanding of the new FMLA regulations is that in circumstances in which the employee is using a foreign doctor,  the employer must accept a medical certification from a healthcare provider who practices in that country. It the certification  is in a foreign language, the employee must provide the employer with a written translation of the certification upon request.