Understanding FMLA: What is a Serious Health Condition?

The Family and Medical Leave Act (FMLA) is a federal law that enables eligible employees to take leave from work due to various reasons related to their family or medical needs. A common reason for taking FMLA leave is a serious health condition, but what exactly is a serious health condition under the FMLA?

According to the Department of Labor (DOL), a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider. Let’s dive deeper into these two categories.

Inpatient Care

Inpatient care refers to an overnight stay at a medical care facility, such as a hospital, hospice, or residential care facility. Any period of incapacity or inability to work or perform daily activities that lasts more than three consecutive days and involves treatment by a health care provider is also considered inpatient care.

Continuing Treatment

Continuing treatment refers to a period of incapacity that lasts more than three consecutive calendar days and requires treatment by a health care provider. This treatment can include:

– Two or more visits to a health care provider within 30 days of the incapacity
– One visit to a health care provider with a regimen of continuing treatment
– Treatment by a health care provider of a chronic condition that lasts indefinitely and requires periodic visits

In addition, any period of incapacity due to a chronic serious health condition that requires periodic visits for treatment by a health care provider, ongoing supervision, or requires restorative care after surgery or treatment, is considered continuing treatment.

It’s important to note that the FMLA has specific requirements regarding eligible employees, the amount of leave, and job protection. Eligible employees must have worked for their employer for at least 12 months, have worked at least 1,250 hours in the past 12 months, and must work for an employer that has at least 50 employees within 75 miles.

Employers must provide up to 12 weeks of unpaid leave per 12-month period for FMLA-qualifying reasons, including serious health conditions, and must restore employees to the same or an equivalent position with the same pay and benefits upon return from leave.

In conclusion, a serious health condition under the FMLA involves either inpatient care or continuing treatment by a health care provider. Eligible employees may take up to 12 weeks of unpaid leave per 12-month period for FMLA-qualifying reasons, including serious health conditions, and must be restored to the same or an equivalent position upon return from leave. If you believe you may have a serious health condition and need to take FMLA leave, be sure to consult with your employer and health care provider to determine eligibility and necessary documentation.