Q&A

Can my employer fire me because I need surgery?

Can my employer fire me because I need surgery?

There is NO general obligation for employers to provide employees with any time off for medical needs or surgery; an employer can generally fire employees who do not show up to work for any reason.

How long does FMLA cover for elective surgery?

Elective Surgery and FMLA Leave. The Family and Medical Leave Act provides employees for covered employers up to 12 weeks of unpaid annual leave for their own, or their immediate family members’, serious health conditions.

Can you request leave for cosmetic surgery under FMLA?

Therefore, if the employee is requesting leave for a purely outpatient, cosmetic procedure, the procedure will not rise to the definition of “serious health condition” under the FMLA.

Can you force an employee to use FMLA?

FMLA requires employers to provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that the employer continue an employee’s benefits during the leave period and reinstate the employee to the same or equivalent position.

What should I ask on my FMLA after surgery?

It’s also helpful to ask what the earliest would be for a return to work and the maximum time you may need off to recover from your specific type of surgery. The dates written on the form or letter can be adjusted if your surgeon clears you to return to work sooner or recommends more time off.

Elective Surgery and FMLA Leave. The Family and Medical Leave Act provides employees for covered employers up to 12 weeks of unpaid annual leave for their own, or their immediate family members’, serious health conditions.

Therefore, if the employee is requesting leave for a purely outpatient, cosmetic procedure, the procedure will not rise to the definition of “serious health condition” under the FMLA.

FMLA requires employers to provide certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that the employer continue an employee’s benefits during the leave period and reinstate the employee to the same or equivalent position.

How many weeks of unpaid leave do you have under FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.