If this question has been answered in another thread please direct me to it.

My husband went to turn in his FMLA paperwork. He was informed that they would have to have specifics on what surgery he was having - he was trying to keep it quiet. I have figured out he probably has to submit that. BUT the real problem is they say they will not approve FMLA if the procedure is not covered by their insurance. Our insurance is through my work, not his, and the procedure is covered fully.

Has anyone else had this issue or is anyone familiar with the FMLA law? I have a call in to the labor board also.

thanks,

Missy

As I understand it, family leave can be requested for any purpose involving medical care, one's own or that of a family member. I have a sneaking suspicion that asking your husband ti disclose that information is in violation of HIPAA law, too.

But (if I may ask) why is he requesting FMLA leave? How much time is he expecting to take off?

missy per federal regulations, as long as your husband is administratively qualified (over 1250 hours worked last year and has been employed with them for 1+ year), the surgery should be covered. it does not matter if your insurance covers it or not.

your hubby's employer may have different rules if it is smaller (less than 50 employees w/in a certain mile range) but if they are on the larger side, then they should certify him without problems. and yes, he may have to state what the leave is for, but like Alexandra said, if they blab to anyone, then they are in violation of HIPPA.

good luck,

losing jusme (former FMLA Manager)

I had to disclose what type of surgery i had with my job..It wasn't a big deal for me because there was another 4 people who were having the same surgery..And 1 person who had GB so my job was already aware of the situation.

I took FMLA for my surgery, and I was off a week. This was because any time off that is taken that isn't reported as vacation or personal time (basically, sick leave) counts against your attendance record. Unless I took FMLA, that week would have gone in my permanent work record with the company I work for.

The only requirement was that my doctor fill out a form stating that I would be having surgery, but not what type of surgery. This website: http://www.dol.gov/esa/whd/fmla/ has the most comprehensive information about FMLA that I could find. I hope it answers all your questions. You can talk to your HR person at work, too.

Thanks all for the input.

My husband works for Wal-mart - so I suspect as usual Wal-mart thinks it can make up its own rules. Any absence over 3 days at Wal-mart has to be taken as an LOA, since he has sick time available and surgery should qualify him, he was going to try and take 3 weeks off - 1 week as vacation the other 2 as FMLA. He is on his feet constantly with a lot of lifting and bending, so we are trying to be cautious.

I went to the website and found a lot of info, but nothing that specifically states that an employer can or can not limit the covered procedures to their insurance. I spoke to my HR - she said she had never heard of limiting it to insurance either, so I am going to try and get something in writing from the labor board.

Losing jusme - another question - my surgery is 3 weeks after his - he would go back to work 2 days after mine - if they deny him for his surgery based on insurance, he should still be able to take off some time with me under FMLA? FMLA doesn't regulate whether the leave is paid or un-paid correct though? Meaning - legally they have to grant him the time, but they don't have to pay him for it?

thanks,

Missy

WLS qualifies under FMLA if it requires the person to be incapacitated for 3 or more days, or at least two doctor visits within 30 days. See dol.gov website

FMLA is a lengthy law and it does not require that the procedure be covered by insurance in order to qualify---that is somebody at the company making up their own rules because they don't understand FMLA law. Issues with FMLA can be reported to your Wage & Hour office, that is if the HR department is not cooperating.

I'm a Sr HR Mgr at my company.:biggrin:

Blessed is correct. Also, FMLA has nothing to do with your insurance. You could be a self-pay and he can still get FMLA. They are too completely separate issues. Someone at the company needs to read up or you need to out them for ignorance.