Is this a qualified FMLA event?

Happy Friday! It could be I'm just spent from the week, but need help in making a determination. I just received a call from a supervisor who said one of her employees will be having an out-patient procedure on Tuesday--as it turns out, it's 2 procedures. One is an exploratory surgery and the other a hernia repair.
As there are 2 doctors involved, the one doing the exploratory says she'll need to be out 2 days, but the hernia repair may be a week.

Since neither require an over night stay (provided there are no complications) is the recuperation time considered "on-going" treatment? If I am interpretting the DOL statement below, there are 2 conditions to meet.

From DOL: conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days AND have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);

Thanks in advance for any help.


Sign In or Register to comment.