Is Cosmetic Surgery Covered by FMLA?
Facelifts, rhinoplasty, and botox: When does elective surgery qualify for FMLA protection? Generally, it doesn't—unless things go wrong.
Introduction
FMLA requires a "serious health condition." Most cosmetic surgeries are elective and do not meet this standard. However, there are critical exceptions.
The General Rule: No Coverage
Conditions for which cosmetic treatments are administered (e.g., most acne or plastic surgery) are **not** serious health conditions unless inpatient hospital care is required or complications develop.
Exception 1: Complications
If a routine, elective facelift results in a severe infection requiring 4 days of hospitalization, **that infection** becomes a serious health condition covered by FMLA.
Exception 2: Restorative Surgery
Surgery is covered if it is to restore function or appearance after: - An accident/injury (e.g., facial reconstruction after a car crash). - A birth defect. - Removal of a disease (e.g., breast reconstruction after a mastectomy).
Conclusion
If you are purely improving your looks, use vacation time. If you are repairing damage or treating a complication, FMLA applies.
*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice.*
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