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FMLA/Elective Surgery

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Our employer just notified a co-worker of mine that she could not use FMLA for a gastro-bi-pass surgery because it is an elective operation.

Other female employees have been able to use FMLA to have thier tubes tied, elective surgery.

My friend has been label by doctors a "morbidly obese".

Can they deny her FMLA? Couldn't this be considered discrimination?



The Family Medical Leave Act applies when any of four conditions can be met:
Placement for adoption-
Family leave, to care for a family member,
or, a serious health condition.

29 CFR 825.114 defines what the Gov. considers "serious", and I will post if needed, but doesn't appear to cover your friend, as it's considered 'elective', although morbid obesity can be serious.
How long is anticipated recovery? Has there been a threat of removal if she goes for surgery?
States have enacted FMLA regs of their own, and the employee can get whichever is best for them, which may include your friends condition.... Whatever the decision, she shouldn't wait, it's about her life. Good Luck, hope this helped a little.


Unless she is allowed to use FMLA to have the surgery with a possible 4 week recovery period, she will be unable to have the surgery.

Our employer terminates employees who use in excess of 60 hours sick/personal time per year. Accrued vacation benefits are to be used in incriments of 5 days or less.

This employee has been with our company for eight years. She is extremely overweight. I can't understand why an employer would want to disallow her surgery, her job performance can only improve when she takes off the weight.

The conditions you listed, I noticed, would not include an elective surgery to have your tubes tied. Another co-worker was able to use FMLA to tie her tubes at 23, for no other reason, except she didn't want more than the two children she had.

What do you think?


I told my employer I wanted to take a "personal leave of absence", about 4 weeks so I could have "elective surgery...really I want breast implants and she said that would be medical leave and I could use sick time, then collect short term disability when sick time runs out.............

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