Cosmetic Surgery and Family Medical Leave

B.,

The Family Medical Leave act allows a person time off, without pay, for medical emergencies for themselves or a dependent family member, without worry you will lose your job for taking extended time off. Please correct me if I am wrong but it does not require that your employer pay you during this time. It only guarantees your job will be waiting when you return because of events beyond your control. I'm about 99.9% certain you cannot use this for elective, cosmetic surgery unless it is life threatening.
Were that the case it could be used for almost anything and put a business at a terrible disadvantage. You should check with your companies HR department about their policies regarding FML. You don't need to tell them why you are asking so if you need to take vacation time for your surgery no one will be the wiser.

Best regards,
S.

family and medical leave is used for illness, child birth or adoption. Your employers will deny plastic surgery as FML because it's not mediacally necessary. I personally would just take a leave for personal reasons and leave it at that. In this economy most companies will be glad to give you a few weeks off with out pay.

Here's a link I found that will explain how the family medical leave works and what it can be used for.

http://www.dol.gov/esa/whd/fmla/

Good luck!

FMLA would not apply to elective cosmetic surgery itself unless inpatient hospital care is needed so because it is being done on an "outpatient" basis, then FMLA would most likely not apply, however, FMLA could apply if complications arose out of the surgery. I would advise requesting a personal leave of absence. You indicated you were off twice for Maternity leave...was this two separate pregnancies? You are allowed up to 12 weeks FMLA each 12 months. The 12 month period is set by the employer and may be on a calendar year basis or a rolling 12 month basis-refer to your employee handbook or ask your HR department. You must be qualified at the beginning of each FMLA leave by having 12 months of service w/ that employer (does not need to be consecutive) and you would have had to work 1,250 hours in the year preceeding the leave.

Employers can require you to use all paid time off available (i.e. personal, sick, vacation) before allowing you to use unpaid time off. You would generally find if your employer requires this in your employee handbook.

Good Luck.

FMLA requires use of all sick and vacation time prior to kicking in.