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FMLA - Spousal request Indiana

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  • FMLA - Spousal request Indiana

    I know that I have asked a similar question previously in this forum, but this one has a twist.

    In my earlier post I mentioned that I realize a routine wisdom tooth surgery did not qualify for FMLA [I]unless[I] there were serious complications from the surgery afterwards.

    I have an employee that came in stating his wife needed to have her teeth removed and will be having surgery two days from now. He didn't state that they were wisdom teeth, or impacted teeth, just simply stated bad teeth. When I expressed that FMLA was not for routine tooth removal without complications, he stated her oncologist (she has been treating for a stomach tumor) recommended that the teeth were removed because they harbor infection and cause more issues. The employee said he needs to be there for transportation.

    Would this fall under FMLA? This employee has reached the maximum point level for our attendance policy and continually remains there. If he takes off with FMLA pending and he returns with a form from his dentist that it doesn't qualify, he will be terminated. However, I am leary to give him forms for something that wouldn't qualify (outpatient tooth/teeth removal surgery), but gives him the impression that it might.

  • #2
    Give the employee the medical certification forms to be filled out by his wife's physician. Based on the response, the Dr may say it doesnt rise to the level of a serious illness and then, its not FMLA.
    If the Dr says it does rise to the level of serious illness, you can either designate it as FMLA or send to another physician at the company's expense. If there is a disagreement between the employee's physician and your physician, you pay ofr a third and that one is binding.

    Bottom line tho, considering its linked to cancer, I'm thinking it would probably be considered serious.
    I find that the harder I work, the more luck I seem to have.
    Thomas Jefferson


    • #3
      I would think her stomach tumor would be enough to cause the whole issue to fall under FMLA if he is the primary caregiver...regardless of the teeth issue.

      How long have you known about the tumor issue? Did he take off any time for that? Did you send paperwork for that and count that as FMLA? There is a possibility that if you had prior knowledge and didn't start the process for FMLA then that the employer needs to look back at other absences to see if they should have been FMLA protected.

      If not, since you now know, you need to give him the paperwork for the dr to fill out.

      Honestly there is no way I would advise termination in this situation without a whole lot more discussion.


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