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One part of FMLA is met but not another

GLCGLC 174 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee who had elective surgery and I know FMLA does not cover cosmetic surgery. However, she meets another part of FMLA...the doctor took her off work for more than 3 days. How do you handle if one part of the regs is met but not another one?
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  • Don DDon D 9,834 Posts
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    Our friends down the hall in one of the other Forum cellblocks (not mine) advised me recently that nothing associated with cosmetic surgery is eligible for FMLA. Hope they will pick up on your question. A side question though is whether non-elective reconstructive surgery (which is arguably also 'cosmetic') would qualify.
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  • DeeterDeeter 10 Posts
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    Publication 1419 - page 24: "The regulation has also been revised in pragraph 825.114 (c) to delete the reference to 'voluntary' treatments for which treatment is not medically necessary, and restrict the exclusion to cosmetic treatments (unless inpatient care is required or complications develop)."

    Important to know when looking at the WH-380 or information provided by a treating health care provider of "cosmetic" services!

    Also, "The term 'voluntary' was considered inappropriate because all treatments and surgery are voluntary. (huh??) Furthermore, the DOL did not wish to encourage employers to second-guess a health care provider's judgment that a treatment is advisable....by questioning whether it is 'necessary'."

    Remind me to tell my health care provider that treatments and surgery are VOLUNTARY>>>>>>>


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