I was recently asked if someone could use FMLA while they recovered from a cosmetic surgery, purely elective as a way to enhance their looks. It got me thinking, would it be covered?

I did some looking at several sites and found that that topic has been addressed by the department of labor. Essentially they look at cosmetic surgery as a routine medical condition, not a serious medical condition. With a serious medical condition someone can use FMLA to take up to 12 weeks of unpaid leave to recover, but cosmetic surgery is included in such items as cold, headaches and routine medical and dental care and are not covered under the act.

Interesting information, here is the exert from the dol website link below:

“Medical and disability-related leave rules: Eligible employees can take up to 12 weeks of leave for treatment of or recovery from serious health conditions. The FMLA’s definition of a serious health condition is broader than the definition of a disability, encompassing pregnancy and many illnesses, injuries, impairments, or physical or mental conditions that require multiple treatments and intermittent absences. Generally, things like cosmetic surgery, colds, headaches, and routine medical and dental care are not included. FMLA leave is unpaid, but employers may require employees to concurrently take paid leave, such as accrued vacation or sick leave, or employees may elect to do so.

http://www.dol.gov/odep/pubs/fact/employ.htm