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Yes,there is hospitalization required.
No,its not medically necessary.
Anyway,my question got answered in Realself, and yes,you can get disability payments,and yes,its covered under FMLA.
So is Gastric Bypass surgery
Not sure where you got your info from (hope it wasn’t a cosmetic surgery marketing site as they are notorious for telling you what you want to hear) but NJ Law specifically requires an illness, injury or disease to be the cause of the disability. They specifically stated that "elective" non-medically necessary procedures are not eligible for NJ short term disability unless for reconstructive purposes.
If you have private insurance instead of the state plan, you may be covered as part of that plans extended (not required) benefits, but that would be a gift versus a requirement.
As for FMLA, unless hospitalized or under medical attention, elective cosmetic surgery it’s not covered.
In both cases, the surgery must be "medically necessary" as defined under social security regulations.
I would seek the advice of a qualified disability and FMLA labor advisor to ensure that you are not being told you are covered when in fact, your claim will be denied.
Anyway,my question got answered in Realself, and yes,you can get disability payments,and yes,its covered under FMLA.
So is Gastric Bypass surgery
Gastric Bypass surgery is not considered elective. Most insurance policies cover it as a form of treatment for morbid obesity. They also make potential patients go through a battery of other weight loss possibilities before approving the surgery.
It sounds like you are getting the skin surgery following your weight loss from GB. From what I've read, some doctors will sign off on the skin surgery as being "medically necessary."
MY question is can i get fired if i take unpaid leave for cosmetic surgery "Not medical or illness" related?
The answer is "yes."
The FMLA will not protect your job because you do not qualify for it due to the fact that you do not have a medical condition that requires your surgery. So your employer can fire you if he or she chooses. It's entirely up to him or her the FMLA has nothing to do with it in your case.
The FMLA does not pay anyone disability or medical benefits no matter what state you live in.
If you have your employer's permission to take a leave without pay, what's the problem? Are you afraid your job won't be there when you want to return to work?
MY question is can i get fired if i take unpaid leave for cosmetic surgery "Not medical or illness" related?
If you talking about just not showing up, yes, you can be fired. It is up to your employer whether they want to give you a three week unpaid leave of absence or not. As noted several times, FMLA does not have anything to do with pay -- it secures your continued employment for an enumerated list of medical reasons that require you to miss work.
The FMLA will not protect your job because you do not qualify for it due to the fact that you do not have a medical condition that requires your surgery. So your employer can fire you if he or she chooses. It's entirely up to him or her the FMLA has nothing to do with it in your case.
The FMLA does not pay anyone disability or medical benefits no matter what state you live in.
If you have your employer's permission to take a leave without pay, what's the problem? Are you afraid your job won't be there when you want to return to work?
Yeah,that is true,except if you live in NJ it gets complicated.
The residents of the state pay for it out of our paychecks,so i see no reason why we cannot use it.
Nj is one of a few states that actually pays you weekly(albeit not your exact weekly pay,max is $700/wk?) for a temporary disability up to 6 weeks.
I'm confused. How long will you be medically disabled, i.e. signed out of work by a doctor? However long that is, you should be excused from work, and FMLA shouldn't matter. Are they saying you can't take any more than your 3 weeks of PTO?
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