Early Bird Tickets are Limited! In general, short-term disability insurance and plastic surgery do not cover cosmetic procedures such as breast augmentation, face lifts, and angioplasties since they are not medically necessary. Does "light duty" work count towards FMLA? I've also decided that I will not be having the surgery with any of the doctors in my home town. Another wrinkle that employers should know is that restorative dental or plastic surgeries after an injury or removal of cancerous growths are considered serious health conditions for which protected leave is required, provided the presence of the other conditions constituting a serious health condition. Just had a 3rd baby 4 months ago. (d) 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. Before sharing sensitive information, make sure youre on a federal government site. For the first six weeks after a tummy tuck, you'll need to be careful when moving around. (See the Practical Tips at the end of this chapter; your managers are often critical in this part of the process.). Second and third degree burns to his arms and face had warranted the need for reconstructive surgeries over the years. Although the employee would not have met the definition of disability prior to the breast augmentation surgery, the limitations experienced as a result of the infection would impact immune functioning. Examples of reasonable accommodations include: If you need a reasonable accommodation at work because of your surgery, its important that you tell your employer about your needs as soon as possible after surgery. Recovery periods vary depending on the type of surgery performed, but typically last between six weeks and three months. Whilethe laws are clear that purely elective procedures arent covered by FMLA/CFRA statutory leave, there is a complication: where a serious health condition arises out of an elective procedure. Washington, DC 202101-866-4-US-WAGE1-866-487-9243, Administrator Interpretations, Opinion and Ruling Letters, Resources for State and Local Governments. If everything else fails, it might be preferable to just disclose the reason(s) for your absence. It will also be necessary to postpone strenuous physical activities for at least four to six weeks. Now that I am back, I told my employer about the surgery since they asked why I am walking like a hunchback, rather grumpy and I ve had to schedule additional appointments for seroma treatment. Your surgeon might also prescribe a blood-thinning medication for a short time after your tummy tuck. The U.S. 07-C-5246, ND IL, 2010). For example, if an employer has a policy that an employee must call his supervisor regarding any absence, then the employee taking FMLA leave may be required to do the same; e.g., telling a coworker to tell his supervisor that he will be absent may not be acceptable. In order to prevent undoment of the contour achieved through your surgery, you should gain or lose weight. Generally not. Your bellybutton will be brought out through a small incision and sutured in its normal position. You'll likely be given pain medication. Use the first week in PTO and the second will be covered by state disability. .cd-main-content p, blockquote {margin-bottom:1em;} My father also had pain where mesh was used to repair a hernia READ MORE 4 EXPERT ANSWERS ADVERTISEMENT Having a stable weight and being physically healthy is a good sign. The answer is yes, it may be covered. A panniculectomy is more expensive than a tummy tuck, but it's often covered by medical insurance. Equal Employment Opportunity Commission (EEOC) has offered guidance on the provision of leave as an accommodation under the ADA. In accordance with federal regulations, serious health conditions are not defined as conditions that require hospitalization or require hospitalization unless inpatient hospital care is required or if complications develop. Thank you. You can request an accommodation verbally or in writing using form WH-1329 Request for Reasonable Accommodation Under the Rehabilitation Act of 1973 (PDF). Remember: The definition of "serious health condition" under . Would the employer have to consider providing leave when the initial procedure was elective? Connective tissue in the abdomen (fascia) usually is tightened with sutures as well. Treatments for cosmetic procedures are not serious health conditions unless complications develop from the procedure or inpatient hospital care is required. This content does not have an Arabic version. They recommended FMLA. .usa-footer .container {max-width:1440px!important;} Leave has always been a form of accommodation under the ADA, and employees may request a leave of absence for many reasons, including recovery from surgery. You'll talk to a plastic surgeon about a tummy tuck. Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Tummy tuck guide. Make an appointment with a cosmetic surgeon to find out if you are a good candidate for a tummy tuck procedure. The procedure was elective but corrective due to the amount of excess skin I had from lapband surgery. .dol-alert-status-error .alert-status-container {display:inline;font-size:1.4em;color:#e31c3d;} During the procedure you might be given an antibiotic to prevent infection. Save my name, email, and website in this browser for the next time I comment. Unlike the previous situation and example, in a case where an employee is requesting leave to recover from surgery to correct a cosmetic disfigurement we know that the individual would have an impairment. Plus I am numb below that I have "accidents" often because I cant tell I have no bladder control anymore. Lets look at a more specific example. Question about UCLA or Cedars-Sinai. Insurance may cover panniculectomy surgery or a tummy tuck in such cases. During this stage, the doctor will explain the details of the surgery and the costs involved. Additional information on how to determine if an individual is covered under the ADA can be found at JANs ADA Library. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Yes, absent undue hardship. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); The body being a beautiful work of art requires a lot of attention and tending. [CDATA[/* >