Would the employer need to provide the leave? The employee knew that he would not eligible for leave under the FMLA, but requested leave under the ADA. He would also be required to wear a protective arm dressing during the recovery period. After working for his company for nine months, the employee requested 6 weeks of leave to undergo a reconstructive burn surgery on his arm. Second and third degree burns to his arms and face had warranted the need for reconstructive surgeries over the years. Let’s look at a more specific example.Īn employee was badly injured in a car accident as a teenager. Unlike the previous situation and example, in a case where an employee is requesting leave to recover from surgery to correct a cosmetic disfigurement we know that the individual would have an impairment. (2) Any mental or psychological disorder, such as an intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, and specific learning disabilities. (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine or By definition, the term “impairment” means: When the ADA was amended in 2008 there was no change to the definition of impairment, although there were references made to the immune system and circulatory system to keep language consistent.
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Situations where surgery is needed to correct a cosmetic disfigurement can be easier to address just by referencing how the EEOC has defined “impairment” under the ADA. Requests for leave to recover from surgery to correct cosmetic disfigurement vacation or sick time) are available to the individual these could be offered. Of course, if other options to take leave (i.e. In cases where an individual does not meet the definition of disability, the employee would not be entitled to leave under the ADA. Assuming the individual did not need to have cosmetic surgery for reasons related to an underlying medical condition, there is no physical or mental impairment present in this situation and therefore the person would not be covered under the ADA. To have a disability under the ADA, a person must first have an impairment. In order for any individual to be entitled to accommodations under the ADA, including leave, they must first meet the definition of disability.
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Does the employer have to provide leave under the ADA? The employee requests the time off as an accommodation. Let’s consider an example related to a request for leave for cosmetic surgery.Īn employee elects to have a rhinoplasty (nose job) and an abdominoplasty (tummy tuck) and will need four weeks of leave while recuperating. While employers continue to learn more about this form of accommodation and how it can be implemented, certain situations may arise that aren’t directly addressed in formal or informal guidance. Equal Employment Opportunity Commission (EEOC) has offered guidance on the provision of leave as an accommodation under the ADA.
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Requests for leave to recover from cosmetic surgery The following examples illustrate the various types of issues related to accommodation requests for cosmetic surgery. But what if the surgery is purely cosmetic or elective? What if the cosmetic surgery is to correct a disfigurement? Or, what if an elective surgery goes awry and complications resulting from the procedure lead to the employee needing accommodations? Each of these situations can, and should, be addressed on a case-by-case basis, but can be confusing to work through. Leave has always been a form of accommodation under the ADA, and employees may request a leave of absence for many reasons, including recovery from surgery. In recent years there has been an increased focus on how employers address requests from employees for a leave of absence.