Butt Implants, Male Breast Reductions Among Top Plastic Surgery Trends. But Are These Procedures Protected by FMLA?

Franczek P.C.
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Apparently, Kim Kardashian isn’t the only one whose derrière seems to have transformed over the years.

According to data provided by the American Society of Plastic Surgeons (ASPS) and published in a number of news outlets, butt implants and male breast reduction are now among the fastest-growing types of plastic surgery in the United States.

According to the ASPS, there were just under 16 million surgical and minimally invasive cosmetic procedures performed in 2015 — that shakes out to one in 16 adults. Since 2000, procedures to pump up your behind have surged 250%. ASPS also reported more than 68,000 breast reduction surgeries in 2015, and men accounted for more than 40% of those procedures.

Can an Employee Take FMLA Leave for Plastic Surgery?

As all good things in life come back to the FMLA, let me pose the question:  Can your employee take FMLA leave for plastic surgery?

Make no butts about it, it is entirely possible.

If the procedure is related to a medical condition that otherwise qualifies as a “serious health condition” under the FMLA, then FMLA leave definitely is in play. So, for example, reconstructive surgery following a serious injury or illness would very likely qualify for FMLA leave.However, the FMLA regulations make clear that “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.” Therefore, FMLA leave is generally not available for purely outpatient cosmetic procedures unless it:

  1. Involves an overnight stay in the hospital; or
  2. Results in complications that otherwise meet the definition of “serious health condition.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Franczek P.C.

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