What is a Serious Health Condition under FMLA?
Under the Family and Medical Leave Act (FMLA), a serious health condition refers to an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a hospital, hospice, or residential medical care facility, or that requires continuing treatment by a health care provider. This definition is broad and encompasses a wide range of medical conditions that may affect an employee’s ability to perform their job duties.
A serious health condition under FMLA can include, but is not limited to, the following:
1. Inpatient care: An employee who is admitted to a hospital, hospice, or residential medical care facility for at least 24 hours for treatment or observation is considered to have a serious health condition.
2. Continuing treatment by a health care provider: This includes any period of incapacity requiring more than three consecutive calendar days of absence from work, and any subsequent treatment or period of incapacity related to the same condition that also involves at least two visits to a health care provider, or one visit and a regimen of continuing treatment. The regimen of continuing treatment may include physical therapy, prescription medication, or other treatments that require regular follow-up with a health care provider.
3. Chronic conditions: Conditions that are chronic in nature and require periodic visits for treatment by a health care provider, ongoing supervision by a health care provider, or a regimen of continuing treatment may be considered serious health conditions. Examples include chronic arthritis, asthma, diabetes, and epilepsy.
4. Pregnancy: Pregnancy-related conditions, including prenatal care, labor and delivery, and recovery from childbirth, are considered serious health conditions under FMLA.
5. Mental health conditions: Mental health conditions that meet the criteria for a serious health condition under FMLA include those that require inpatient care, continuing treatment by a health care provider, or that are chronic in nature and require ongoing supervision.
It is important for employers and employees to understand the definition of a serious health condition under FMLA, as it determines eligibility for leave under the Act. Employers must provide eligible employees with up to 12 weeks of unpaid, job-protected leave for a serious health condition, as well as for the care of a family member with a serious health condition. Employees should consult with their health care providers and employers to ensure they meet the criteria for a serious health condition and understand their rights and responsibilities under FMLA.
