5 answers

After Pregnancy - Illinois City,IL

my ? is i want to have a tummy tuck after having my 2 kids since i wont be having anymore do i qualify for fmla or an unpaid personal leave if i have been with my employer for 6 yrs and will have to stay thr night in hospital

What can I do next?

More Answers

if you would be having surgery, you would need to be off work per doctors orders. technically, your employer doesn't need to even know why you are off other than it is for medical reasons. You probably would't qualify for any disabiliy pay because it is an elective surgery.

Tummy tucks are major surgery and insurance does not pay for them. I know -I want one as well! I'm not sure if it qualifies you for fmla or anything because it's elective surgery, so check that out! You will have to stay at least overnight at a hospital or the doctor's surgery center where it's done most likely -at least you should. Because of what all a tummy tuck entails, if someone is offering outpatient, I wouldn't feel confident about that. Don't count on any paid anything though except for what you have to pay the doctor! It's plastic surgery and entirely elective. Good luck!

FMLA is only for necessary medical leave. I'm pretty sure with tummy tucks being considered elective, you wouldn't qualify for FMLA. However, your employer may be willing to give you the time off if you talk them about taking it, considering you've been there for some time.

My husband has FMLA for me. Sucks because every 6 months you have to go fill it out if you have the long term vs the short. BUT it has to be for medical conditions ie pregnancy. I can't remember how they phrase it but they do want a reason. You could be as vague as surgery though I think. But it would be up to your employer if they deny it for not being specific enough. Mine wanted my actual condition's name didn't want a vague term. But it also says basically it has to be debilitating and that you require care.

It would be up to your doctor to fill it out and fill it out correctly. Once we got denied for one wrong box being checked and we had to re-fill it out. So ask for it from your employer and see if the surgeon will fill it out, turn it in and see if it gets approved. All you can really do. My husband works for a fortune 500 so they know how to do it down to a T. I'd assume they are the most difficult to get it from because they know the law inside and out. So a lesser company it might be a walk in the park.

Here's a link to the US Department of Labor FMLA site http://www.dol.gov/whd/regs/compliance/whdfs28.htm
It says cosmetic surgery is generally not covered, but maybe it would be with a night in the hospital. Check with your doctor and HR person.

Medical and disability-related leave rules: Eligible employees can take up to 12 weeks of leave for treatment of or recovery from serious health conditions. The FMLA's definition of a serious health condition is broader than the definition of a disability, encompassing pregnancy and many illnesses, injuries, impairments, or physical or mental conditions that require multiple treatments and intermittent absences. Generally, things like cosmetic surgery, colds, headaches, and routine medical and dental care are not included. FMLA leave is unpaid, but employers may require employees to concurrently take paid leave, such as accrued vacation or sick leave, or employees may elect to do so.

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