Archive

FMLA Part 2 What is a serious health condition

By Staff Report

Jan. 5, 1999

You probably know that employees may be eligible for family or medical leave because of their own serious health condition, or that of an immediate family member.


But what is a serious health condition?


A “serious health condition,” while still being defined a bit by the courts, generally means an illness, injury, impairment, or physical or mental condition that involves:


  • Any period of incapacity or treatment connected with inpatient care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility; or
  • A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
  • Any period of incapacity due to pregnancy, or for prenatal care; or
  • Any period of incapacity (or treatment therefor) due to a chronic serious health condition (e.g. asthma, diabetes, epilepsy, etc.); or
  • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g. Alzheimer’s, stroke, terminal diseases, etc.); or
  • Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that would likely would result in incapacity of more than three consecutive days if left untreated (e.g. chemotherapy, physical therapy, dialysis, etc.).

Source: U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, FMLA Compliance Guide, December 1998.

Schedule, engage, and pay your staff in one system with Workforce.com.