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Would FMLA apply in this situation? An employee wants to use FMLA for cosmedic surgery. Specifically to have some surgery around the eyes to reduce wrinkles, puffyness ect. The employee may be out as
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FMLA

posted at 7/22/2009 5:21 AM EDT
Posts: 2
First: 11/29/2007
Last: 7/22/2009
Would FMLA apply in this situation? An employee wants to use FMLA for cosmedic surgery. Specifically to have some surgery around the eyes to reduce wrinkles, puffyness ect. The employee may be out as long as 3-4 weeks. Would this procedure be covered by FMLA?
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FMLA

posted at 7/22/2009 7:02 AM EDT
Posts: 21
First: 6/17/2009
Last: 6/21/2010
I'm no expert, but I don't think that would fall under the definition of Serious Health condition. If the person were to get a major infection afterwards, that might fall under the definition.
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FMLA

posted at 7/22/2009 8:43 AM EDT
Posts: 245
First: 2/5/2003
Last: 10/7/2009
You shouldn't look at WHAT is being done during the surgery but how long the EE needs off work, etc.

If everything else meets the definition of a serious health condition, it applies.
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FMLA

posted at 7/22/2009 9:15 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
"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."

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.113.htm
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