Does elective surgery qualify for CFRA/FMLA leave?

Yes, if the procedure is related to a medical condition that otherwise qualifies as a “serious health condition” under the California Family Rights Act/Family and Medical Leave Act (CFRA/FMLA). Protected leave cannot be denied simply on the basis that the employee is having an elective procedure.

Elective surgery generally refers to surgery that is not considered an emergency or medically necessary. It typically is scheduled in advance and performed based on a patient’s request and their doctor’s recommendation. Examples of elective surgeries include weight loss surgery, hip and knee replacements, and LASIK eye surgery.