Legal Question in Medical Leave in Florida

Re: Elective Surgery

Yes, if he is otherwise eligible for FMLA. Although elective, the surgery qualifies as a "serious health condition" which is covered by FMLA. So, if the company has 50 or more employees in a 75 mile radius and thus comes under the FMLA, and your husband has worked for them for over a year total, and also worked at least 1250 hours in the past 12 months immediately before the leave, and has not already used his 480 hours of FMLA protection, then he is eligible.

The employer would not necessarily know this is an FMLA matter, so your husband should ask for it. He may have to provide a certification from the doctor (the employer will give him a form if they want certification).

Also, FMLA is just protection, not leave and not automatically paid. He may use vacation, or sick leave if the employer's policy allows sick leave for elective surgery (I imagine it does). The FMLA just guarantees that his job is protected and no action is taken against him for taking the leave.

More info is available at dol.gov (click on Family and Medical Leave Act).

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.