Elective Surgery
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Should we inform an employee that their elective surgery can not be taken at a time that is very busy for our company? Also, if the employee has FMLA paperwork completed, does that then make it more difficult for us to argue that it is elective surgery?
Comments
Assuming the employee does not have a serious health condition, the elective surgery iteself is not an FMLA-qualifying condition. However, once the surgery occurs, the recovery period may qualify as a serious health condition if it meets the statutory definition.
I can think of one that could be seen as both. I could see where this could be a breast reduction which could be "cosmetic" and where a breast reduction could alleviate back pain.
Either way, even cosmetic surgery can be deemed a serious health condition if it requires a hospital stay.
29 CFR 825.114 (c) 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.