Cosmetic Surgery - protected under FMLA?

[Guest cfaifili]

Does FMLA distinguish between medical necessity and cosmetic surgery?

[Guest carenafranks]

Here's what's in the regs.

© 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. Ordinarily, unless

complications arise, the common cold, the flu, ear aches, upset stomach,

minor ulcers, headaches other than migraine, routine dental or

orthodontia problems, periodontal disease, etc., are examples of

conditions that do not meet the definition of a serious health condition

and do not qualify for FMLA leave.

It sounds like costmetic treatments are only applicable under FMLA if hospitalization is required or if complications arise from such procedure. Hope this helps.