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FMLA

in Salt Lake City, UT

 

At Envision Cosmetic Surgery, we are committed to helping our patients achieve confidence and satisfaction with their appearance. The Family and Medical Leave Act (FMLA) is a crucial aspect for employees undergoing significant medical procedures, including certain cosmetic surgeries. Dr. Benjamin Dunkley and our experienced team are here to guide you through understanding how FMLA might relate to your surgical process and recovery.

What is FMLA?

FMLA, or the Family and Medical Leave Act, is a law enacted in 1993 in the United States. It allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons, ensuring they don't lose their jobs during significant life events. Employees are eligible for FMLA if:

  • They have worked for their employer for at least 12 months
  • They have accrued a minimum of 1,250 work hours over the past 12 months, and
  • They work at a location with at least 50 employees within 75 miles.

How Does FMLA Work?

FMLA provides up to 12 weeks of unpaid leave within a 12-month period for eligible employees. It also provides employment projections and additional provisions for military members. While on FMLA leave, employers are obligated to continue an employee's health benefits as though they were still working. Upon their return from leave, employees are guaranteed the right to be restored to the same or an equivalent job position. The FMLA grants additional leave entitlements for eligible employees needing to address specific military-related situations. This includes leave to care for a family member in the military who has suffered a serious injury or illness, or to manage urgent matters related to a family member's military service. Reasons for FMLA leave include:

  • The birth or adoption of a child
  • Caring for a family member with a serious health condition
  • Dealing with your own serious health condition that makes you unable to work

What are the Rules Around FMLA?

In addition to the eligibility requirements above, the FMLA outlines specific employer obligations and employee responsibilities when it comes to requesting leave under FMLA.

Employer Obligations

Employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must detail any additional information required as well as the employees’ rights and responsibilities. If the leave is FMLA-protected, the employer must notify the employee that the leave is counted as FMLA leave.

Employee Responsibilities

Employees must comply with their employer’s usual and customary requirements for requesting leave and provide enough information for the employer to determine if the leave qualifies for FMLA protection. If the need for leave is foreseeable, the employee should provide notice as soon as practicable.

Do You Get Paid During FMLA?

FMLA leave is unpaid; however, employees may choose to use their accrued paid leave, such as sick leave or vacation time, to cover some or all of the FMLA period. Some employers might also offer additional benefits that could provide payment during FMLA.

Am I Eligible for FMLA After Undergoing Plastic Surgery?

Eligibility for FMLA after undergoing plastic surgery depends on the nature of the surgery and the reasons behind it. FMLA generally covers leave for serious health conditions that make the employee unable to perform their job, so your plastic surgery would have to meet those requirements. Considering the following points can help you determine if you might be eligible for FMLA:

Cosmetic vs. Reconstructive

FMLA typically does not cover purely cosmetic procedures that are not medically necessary. However, if the surgery involves treatment for a medical condition or if it's reconstructive surgery (for example, reconstructing a part of the body after an accident or surgery related to a serious health condition), it may be covered.

Serious Health Condition

If the surgery has complications that lead to serious health conditions requiring continuing treatment by a healthcare provider, you might be eligible for FMLA leave.

How Long Can You Be On FMLA?

Eligible employees can use up to 12 weeks of FMLA leave within a 12-month period. This period can be continuous or may be taken intermittently, depending on the medical needs.

How to Apply for FMLA

To apply for FMLA, employees should notify their employer about the need for leave as soon as possible. Typically, this involves submitting a form and providing documentation of the medical condition from a healthcare provider, specifying the need for leave.

At Envision Cosmetic Surgery, we understand the complexities surrounding medical leave for cosmetic procedures. We encourage our patients from Salt Lake City, Murray, and the surrounding areas of Utah to contact our office to discuss how your care needs might intersect with FMLA policies. Schedule a consultation today to learn more about your options and plan your treatment with confidence.