Elective Surgery (Vasectomy)

hrwoman · March 2004

I have an employee who I just found out is out due to a vasectomy. Complications have arisen but he isn't in a hospital for inpatient care. This is his 3rd day of missing work and he didn't call in today. If he misses work tomorrow, would this qualify as FMLA?

Whatever · March 2004

The vasectomy is not covered. However, the complications may be. If he is out tomorrow send him the FMLA paperwork. As an aside, if you have a company on not calling in, it should be followed.

hrwoman · March 2004

That's what I thought but needed to make sure. Thanks!

LindaS · March 2004

Agree with Whatever, while the complications MAY qualify for FMLA, the employee is still required to follow company policies regarding notification to the company. In absence of some significant reason for the employee not calling in, follow your normal attendance policy.

Don D · March 2004

Be careful girls! What if it were an elective tubal ligation?

Note: The preceeding is my personal opinion and has no value beyond that. Although it may be 'sorta offensive' or 'indeed offensive' to someone out there, it is offered without regard to that possibility. Should you find yourself alarmed by my post, you may privately mail me to protest or you may alert the principal's office. x:-)

Tish · April 2004

Don,

What would be the difference? If he/she isn't following the call in procedures they should be treated the same. Follow your call in procedures.

Don D · April 2004

My point is that an elective surgery for a man should not be treated differently than an elective surgery for a woman. If they both are for the same purpose and neither is medically necessary, one should not be eligible for FMLA and the other one not. I wasn't addressing the attendance issue. Just my lame, sexual-equality thoughts.

njjel · April 2004

And what if he stayed overnight in a hospital. He is then eligible for FMLA. Assuming all other requirements have been met.

Rockie · April 2004

If the guy had complications from a vasectomy to the point where he was hospitalized as an inpatient overnight, then this would certainly qualify as FMLA.

The same goes for a tubal ligation, which I think is a more complicated procedure (but what the hell do I know....I've never had either one!)

Anyway....hospitalization overnight....yes FMLA!

sonny · April 2004

Girls?x;-)

Don D · April 2004

Linda, HRWoman, Whatever.
Boys?

sonny · April 2004

Sure, I like that even playing fieldx:D

hrwoman · April 2004

Thanks all for the input. The employee was back at work today so he didn't qualify for FMLA. The supervisor now tells me that he did call in on Tuesday and said he probably wouldn't come in on Wednesday but probably to me doesn't tell me he isn't coming to work so he will receive a verbal warning.

Elective Surgery (Vasectomy)

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