FMLA & spouse Surgery

Hi everyone! I haven't posted in awhile, I had surgery 1.5 years ago and so far have lost 150lbs and feel great!

Hubby has decided to do surgery and since I was approved for FMLA for my surgery, I wanted to know if I qualify for it for his surgery since he will be out of work and I will need to care for him.

The law says FMLA can be used for a spouse or family member with serious medical needs.

I don't know if recovery from laparoscopic surgery qualifies as serious medical needs.

In my case, it certainly did not.  I needed a ride home from the surgical center and someone to be with me the first night.

If there is some reason your spouse will need extended care, it might qualify, but most people do not need much after care from WLS.

U should be able to... he is a immediate family member that needs caring for! Just check with your job to make sure

Having used it 1.5  years ago certainly doesn't mean you won't qualify for it now.  You can get up to 12 weeks unpaid leave per year if you qualify.

Now, whether his surgery will be consider a serious medical condition that would make you qualify for FMLA to care for him or not, I don't know.  His surgeon would need to sign a form verifying that it does.

If he is having lap surgery, I guess I don't understand why you would need to take extended leave from work to "care for" him.  Even after major open surgeries, I have never needed someone there round the clock after getting out of the hospital. 

If you want to take the unpaid leave, though, you should be eligible for it IF husband's surgeon says it is necessary.

You may already know this, but many people don't seem to be aware of it, so I will point out here that FMLA is unpaid leave. You are only eligible for short term disability (sick leave) -- which is paid --  for your own surgery (or other medical conditions).   So taking FMLA to care for someone else will have to be unpaid leave.

Lora

I took "paid" fmla for my gastric bypass surgery, of course paid from my sick time.

Everyone's recuperation is different when it comes to ANY surgery, I just want to be prepared "if" any complications arise(hopefully not).

I understand wanting to be prepared. Complications are pretty rare, though.

Just so other people won't be confused, though, by the way you worded your reply (sorry, I don't mean to be nit picking) I want to emphasize that your sick leave was paid, not the FMLA (which is never paid). A lot of people somehow confuse the two things.

You're right! Thank you for correcting that

FMLA is protected UNPAID leave ...... Meaning, if you qualify for it, they cannot give your job away while you are out.

You may have also had short-term disability insurance which PAID for your surgical leave and recovery.

You cannot us disability (paid) leave for anyone but yourself.

FMLA is just the name of the law (Family Medical Leave Act) that you can google and read all about the qualifications and limitations.

You can use sick time though. When my son was born I had his doctor fill out the FMLA forms for me. For the first twelve weeks of his life I came in late a few times a week and took a few days off. This was per my HR director. Plus I used sick for all of it.