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    bscgirl's Avatar
    bscgirl Posts: 1, Reputation: 1
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    #1

    Nov 6, 2008, 06:46 PM
    FMLA-minor out-patient surgery
    I recently had minor out-patient surgery. My doctor told me that I would need to be out of work the day of the surgery and barring any complications, which are very, very rare with this procedure, I could return to work the next day. I took 1 day of vacation in order to have the procedure and return to work the following day.

    My HR director said that I had to file for FMLA. Even though I was only absent for 1 day, she considered the fact that I had the initial examination, followed several weeks later by the procedure and a follow up check-up a week after that, as a "regimen of continuing treatment."

    I thought that I had to be absent three consecutive calendar days before my procedure was considered to be a "serious health condition".

    She also stated that I would need to file for FMLA if I needed to take a vacation day to take of my spouse who was having a similar procedure. Would I really need to file all that paperwork for a 1 day absence?

    This seems to be overkill for a 1 day absence.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Nov 6, 2008, 09:43 PM

    Company rules are company rules
    But if you take a vacation day then that is not a FMLA,

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