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  1. #1
    Jmccallum Guest

    Exclamation Is spousal surgery covered by FMLA


    I am having my wisdom teeth cut out tomorrow and the surgeon has had me sign a form saying I will have someone with me at all times for the first 24 hrs after surgery. My husband told his boss 10 days ago he would need off for this. His boss told him that just wasn't possible. That he would have to work and maybe he could get off early. My husband can not afford to lose his job. Can his boss legally do this or is this situation covered by FLMA?

  2. #2
    Beth3 is offline Senior Member
    Join Date
    Mar 2002
    Yes, this would be covered by the FMLA. An employee must be provided leave time if he/she is required to provide "medically necessary care" for a spouse, child, or parent. The note from the orgal surgeon makes that perfectly clear.

    In order to know whether the company HAS to provide FML, please post back and tell us approximately how many ee's work at your husband's site and how long he's worked there.

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