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Employment Law/Elective Surgery - Breast Augmentation


Hello!  I am very new to the HR career field and have a question pertaining to an employee within our organization.  This particular employee used her own PTO to have cosmetic surgery (breast augmentation).  She returns to work on Monday and has advised she can only do 'light duty'.    Since this was an 'elective surgery' not done as a result of injury/illness (no history of breast cancer, etc..) Does the employer/supervisor have to allow the employee to perform light duty when the employee is in a position that at most times requires lifting objects 60 pounds or under?   Please advise.

If there is no light duty job for her to perform than put her on FMLA leave until she can return to work without restrictions. You do not have to create a job that does not exist to accomodate this employee.

I would say to her we have no light duty jobs currently open at this time. We can accomodate you by putting you on FMLA leave until you are released to do your job without restrictions.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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