FEDERAL
FMLA:
Under the federal FMLA, “Serious Health Condition” is defined as an illness, injury, impairment, or physical or mental
condition that involves:
ƒ Any period of incapacity or treatment related to inpatient care (i.e., an overnight stay in a hospital, hospice,
residential facility, OR
ƒ Continuing treatment by a health care provider.
“Continuing treatment” by a health care provider includes any one or more of the following:
1) Incapacity and Treatment:: A period of incapacity of more than three consecutive full calendar days and
any subsequent treatment or period of incapacity relating to the same condition, that also involves:
ƒ Treatment two or more times within 30 days of the first day of incapacity, unless extenuating
circumstances exist, , OR
ƒ Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider.
Treatment means an in-person visit to a health care provider. The first (or only) in-person treatment
visit
must take place within seven (7) days of the first day of incapacity.
2) Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care.
3) Chronic Conditions Requiring Treatments: Any period of incapacity or treatment for such incapacity due
to a chronic condition which:
ƒ Requires periodic visits for treatment by a health care provider or by a nurse physician’s assistant
under direct supervision of health care provider;
ƒ Continues over an extended period of time (including recurring episodes of a single underlying
condition); AND
ƒ May cause episodic rather than a continuing period of incapacity. Examples: asthma, diabetes,
epilepsy.
4) Permanent/Long-term Conditions: A period of incapacity, which is permanent or long-term due to a
condition for which treatment may not be effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health care provider.
Examples: Alzheimer’s, a severe stroke, or the terminal stages of a disease.
5) Multiple Treatments (Non-Chronic Conditions): Any period of absence to receive multiple treatments
(including any period of recovery therefrom) by a health care provider or by a provider of health care
services under orders of, or on referral by, a health care provider, either for restorative surgery after an
accident or other injury, or for a condition that would likely result in a period of incapacity of more than
three consecutive calendar days in the absence of medical intervention or treatment. Examples: cancer
(chemotherapy, radiation, etc.) severe arthritis (physical therapy), and kidney disease (dialysis).
Note: Substance abuse may be a serious health condition if the conditions mentioned above are met. However, FMLA leave may only be taken for
treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other
hand, absence because of the employee’s use of the substance, rather than for treatment, does not qualify for FMLA leave.
Please Note: For the purposes of federal FMLA the following terms are defined to mean:
ƒ “Incapacity” – inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore,
or recovery therefrom.
ƒ “Treatment” – includes examinations to determine if a serious health condition exists and evaluations of the condition. It does not include
routine physical examinations, eye examinations, or dental examinations.
ƒ A “regimen of continuing treatment” – includes, for example, a course of prescription medication (e.g. an antibiotic) or therapy requiring
special equipment to resolve or alleviate the health condition. It does not include the taking of over-the-counter medications such as aspirin,
antihistamines, or salves, or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care
provider.
ƒ “Intermittent Leave” – is leave taken in separate blocks of time due to a single qualifying reason.
ƒ “Reduced Leave Schedule” – is leave schedule that reduces an employee’s usual number of working hours per work-week or hours per
workday. It is a change in the employee’s schedule for a period of time, normally from full-time to part-time.
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