{"id":13000,"date":"2025-02-28T21:42:55","date_gmt":"2025-02-28T21:42:55","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=13000"},"modified":"2025-12-11T18:09:20","modified_gmt":"2025-12-11T18:09:20","slug":"can-i-take-fmla-time-to-get-cosmetic-surgery","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/can-i-take-fmla-time-to-get-cosmetic-surgery\/","title":{"rendered":"Can I Take FMLA Time to Get Cosmetic Surgery?"},"content":{"rendered":"

\"Can<\/a><\/p>\n

Given the popularity and social acceptance of cosmetic procedures, we are sometimes contacted by employees with the following question:<\/p>\n

Am I allowed to ask for medical leave for a cosmetic surgery?<\/i><\/p>\n

Technically, the answer is yes, but only if the procedure is related to a \u201cserious health condition\u201d as defined by the California Rights Family Act (CFRA) and the Family and Medical Leave Act (FMLA). So, even if it\u2019s clear that the surgery is an elective procedure, medical leave cannot be denied simply on that basis.<\/p>\n

CFRA\/FMLA Leave for Serious Health Conditions<\/h3>\n

As long as you meet the eligibility requirements, you are entitled to medical leave for a \u201cserious health condition\u201d under the federal Family and Medical Leave Act and the California Family Rights Act. You are allowed up to 12 weeks of leave (unpaid) within a 12-month period.<\/p>\n

The FMLA applies to workplaces that have 50 or more employees, who may be spread out over various locations. As long as there are 50 or more workers within a 75-mile radius, the employer must provide health leave for qualifying employees.<\/p>\n

A serious health condition is defined as a physical or mental condition, injury, illness, or impairment that requires on-going treatment by a healthcare provider, which may or may involve inpatient care at a medical facility.<\/p>\n

During this time, the employer must continue to provide the employee with healthcare benefits and allow them to return to work without demoting them to a lower position or cutting their pay \/ hours.<\/p>\n

Taking Sick Leave for an Elective Procedure<\/h3>\n

An elective procedure is a medical treatment (usually surgery) that is not considered urgent or medically necessary for the patient\u2019s overall health. Plastic surgery is a popular form of elective procedure that\u2019s scheduled weeks or months ahead of time and performed largely at the patient\u2019s request. Though people often think of surgeries like breast augmentation and liposuction, LASIK, weight loss surgery, and hip \/ knee replacements are also considered elective procedures.<\/p>\n

It\u2019s important to note that whether a procedure is elective is not the main issue. In actuality, the employee\u2019s health condition is the deciding factor when it comes to coverage under the FMLA and CFRA.<\/p>\n

To give an example, let\u2019s say you need time off for a hip replacement, which requires you to stay one or more nights in a healthcare facility for monitoring and post-op treatments. As the condition that requires a hip replacement is likely to meet the definition of a \u201cserious health condition,\u201d the time off request should meet the requirements of both federal and state laws.<\/p>\n

It\u2019s worth noting that neither the California Family Rights Act nor the Family and Medical Leave Act make any references to medical procedures that are \u201celective.\u201d However, the FMLA does state that \u201cconditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not \u2018serious health conditions;\u2019\u201d But it goes on to clarify that elective procedures are serious health conditions when \u201cinpatient hospital care is required or unless complications develop.\u201d<\/p>\n

So, even though the procedure itself does not meet the legal standard, the care that\u2019s needed after the surgery or health complications following the procedure would qualify for FMLA protections.<\/p>\n

Leave Certification Policies and Procedures<\/h3>\n

There should be clear procedures that are in place at your job when someone needs to take a leave of absence under the protections offered by the FMLA or CFRA. Regardless of the policy, an employee does not need to explicitly state that they are asserting their right to personal or family health leave under the FMLA. Instead, the responsibility falls on the employer to designate the leave as FMLA or CFRA based on what they are told by the employee.<\/p>\n

Thus, an employer has certain legal requirements that must be fulfilled within 5 business days when a worker requests leave time that may fall under the Family Medical Leave Act. These include providing the worker with notice of their employment rights and the paperwork that\u2019s needed to designate the leave<\/p>\n

When an employee requests CFRA\/FMLA leave or when an employer learns that requested leave may be for a CFRA\/FMLA-qualifying reason, the employer must respond within five business days and provide the employee with notice of their rights and the applicable leave designation forms.<\/p>\n

As for the employee\u2019s responsibilities, you may be required by your employer to give at least 30 days\u2019 notice, unless giving such notice is not possible.<\/p>\n

These are just some of the considerations that have to do with medical leave time for an elective procedure under California laws. Due to the complications that are involved, advice from an employment law attorney is highly recommended.<\/p>\n

Free Case Review with a California Employment Lawyer<\/h3>\n

At the end of the day, there is no universal answer to the question, \u201cCan I sue if I\u2019m not given time off under FMLA to have cosmetic surgery?\u201d That\u2019s why you should speak with an employment lawyer right away if you believe that your right to medical leave was violated by your employer.<\/p>\n

Our legal team provides legal services under the Zero Fee Guarantee. We never ask for payment upfront, since we ask the defendant to pay for legal fees as a part of the money you are owed. So, if we fail to recover your settlement, you pay us $0 for the cost of representing you.<\/p>\n

To learn more about your right to FMLA leave for cosmetic surgery, schedule a free consultation with a California employment lawyer.<\/p>","protected":false},"excerpt":{"rendered":"

Given the popularity and social acceptance of cosmetic procedures, we are sometimes contacted by employees with the following question: Am I allowed to ask for medical leave for a cosmetic surgery? Technically, the answer is yes, but only if the procedure is related to a \u201cserious health condition\u201d as defined by the California Rights Family…<\/p>","protected":false},"author":10,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-13000","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t