Isabella Carter
The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 workweeks of unpaid leave per year to care for a family member with a serious health condition or to recover from their own serious health condition. While colds and other minor health issues do not typically qualify for FMLA leave, it is important to understand whether outpatient procedures constitute a serious health condition under FMLA. This determination is crucial for employees considering medical leave.
| Characteristics | Values |
|---|---|
| Definition | The Family and Medical Leave Act (FMLA) |
| Coverage | Eligible employees of covered employers |
| Leave | Up to 12 workweeks of unpaid, job-protected leave in a 12-month period |
| Reasons | Birth of a child, bonding with a newborn, placement of a child for adoption or foster care, care for an immediate family member with a serious health condition, medical leave for employee's own serious health condition, military caregiver leave |
| Serious Health Condition | Illness, injury, impairment, or physical or mental condition requiring inpatient care or continuing treatment by a healthcare provider |
| Inpatient Care | Overnight stay in a hospital, hospice, or residential care facility |
| Continuing Treatment | At least two treatments by a healthcare provider or under their supervision; at least two visits per year |
| Incapacity | Inability to work, attend school, or perform regular daily activities due to a serious health condition, treatment, or recovery |
| Certification | Medical certification from a healthcare provider may be required by the employer |
| Military Caregiver Leave | Up to 26 workweeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness |
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What You'll Learn
Inpatient care
The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take time off to care for a family member with a serious health condition or to recuperate from their own serious health condition. The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider.
An employee is entitled to FMLA leave for the time spent receiving inpatient care and for any period of incapacity or subsequent treatment connected to that inpatient care. Employees can also take FMLA leave to care for a child, parent, or spouse with a serious health condition. This includes situations where the family member is in another country and develops a serious health condition. In such cases, the employer must accept a medical certification, including second and third opinions, from a healthcare provider who practices in that country.
An employee may be required by their employer to submit a certification from a healthcare provider to support the need for FMLA leave. This certification should include information showing that the employee cannot perform the essential functions of their job due to their serious health condition. However, it should not contain information about genetic tests, genetic services, or evidence of disease among the employee's family members. The healthcare provider may, but is not required to, provide a diagnosis.
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Chronic conditions
The Family and Medical Leave Act (FMLA) provides eligible employees the right to take up to 12 workweeks of unpaid leave per year. Employees are entitled to return to their same or equivalent job at the end of their FMLA leave.
A chronic condition, whether physical or mental, that may cause occasional periods when an individual is unable to work, is a qualifying serious health condition if it meets the following criteria:
- Requires treatment by a healthcare provider at least twice a year
- Recurs over an extended period of time
- May cause episodic rather than a continuing period of incapacity
Incapacity refers to the inability to work, attend school, or perform regular daily activities due to a serious health condition, treatment, or recovery. Employees can take FMLA leave for any period of incapacity or treatment due to a chronic serious health condition. This leave may be taken as a continuous block of time if supported by the certification of a healthcare provider.
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Mental health conditions
The Family and Medical Leave Act (FMLA) provides eligible employees the right to take up to 12 weeks of unpaid leave per year to care for a family member with a serious health condition or to address their own serious health condition. This includes mental health conditions.
The FMLA prohibits employers from interfering with or restraining an employee's right to take FMLA leave. Employers are also prohibited from discriminating or retaliating against employees for attempting to exercise any FMLA right. For example, employers cannot use FMLA leave as a negative factor in employment decisions or disciplinary actions.
It is important to note that not all employers are required to follow FMLA. It only applies to employers with 50 or more employees. If you work for a smaller business, they may voluntarily follow FMLA, but they are not legally obligated to.
To qualify for FMLA leave due to a mental health condition, employees must provide "sufficient information" to their employer about the need for FMLA leave, including the anticipated timing and duration. This can be supported by documentation from a qualified professional, such as a doctor or therapist.
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Military family leave
The Family and Medical Leave Act (FMLA) was passed in 1993 and grants eligible employees up to 12 weeks of unpaid, job-protected leave per year. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave. The FMLA also provides certain military family leave entitlements.
Military caregiver leave is a type of FMLA leave that allows eligible employees to take up to 12 workweeks of FMLA leave for certain reasons, known as qualifying exigencies, when their spouse, child, or parent is on covered active duty or under an impending call to covered active duty. This includes duty during deployment with the Armed Forces to a foreign country, or for a member of the National Guard or Reserves. Employees can also take up to 26 weeks of FMLA leave in a single 12-month period to care for a covered service member or recent veteran with a serious injury or illness. A serious injury or illness is defined as an injury or illness incurred in the line of duty when the service member or veteran was on active duty, including any aggravation of a pre-existing condition. It must have made the service member or veteran medically unfit to perform their duties, qualify them for certain benefits from the Department of Veterans Affairs, or substantially impair their ability to work.
To be eligible for military caregiver leave, employees must have at least 1,250 hours of service with the employer during the 12 months before their FMLA leave starts, and work at a location where the employer has at least 50 employees within 75 miles. Employees must also provide sufficient information to make the employer aware of the need for FMLA leave and the anticipated timing and duration of the leave. This includes providing the requested certification to the employer within the timeframe requested by the employer (at least 15 calendar days).
It is important to note that the FMLA does not provide for paid family leave, and military service members are not eligible for FMLA leave. However, some states have passed Paid Family Leave legislation, which can include military provisions. These states include Connecticut, which will offer benefits starting in January 2022.
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Medical certification
The Family and Medical Leave Act (FMLA) provides eligible employees with the right to take up to 12 workweeks of unpaid leave per year for specific reasons, including to care for a family member with a serious health condition or to recover from their own serious health condition.
A "serious health condition" is defined by the FMLA as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. This can include chronic conditions such as asthma or epilepsy, which may cause episodic rather than a continuous period of incapacity. Conditions that are not usually incapacitating but would result in a period of incapacity of more than 3 consecutive days if untreated (e.g. chemotherapy, kidney dialysis) also fall under this definition.
An employee may be required by their employer to submit a medical certification from a healthcare provider to support their need for FMLA leave. This certification should include information showing that the employee cannot perform the essential functions of their job, as well as an estimate of when and how long the leave is needed. It should not contain information about genetic tests, genetic services, or evidence of disease among the employee's family members. The healthcare provider may, but is not required to, provide a diagnosis.
The FMLA does not specify a particular format for the certification; it may be provided, for example, on the healthcare provider's letterhead. The U.S. Department of Labor also provides optional-use forms that can be used to certify an employee's own serious health condition or that of a family member. These forms can be found on the Department of Labor website, along with instructions on how to use them.
Employers must accept a complete and sufficient certification, regardless of its format, and cannot reject a certification that contains all the information needed to determine if the leave is FMLA-qualifying. If the employee or their family member is visiting or resides in another country and a serious health condition develops, the employer must accept a medical certification from a healthcare provider who practices in that country. If the certification is in a language other than English, the employee may be required to provide a written translation.
If an employer has received a complete and sufficient certification but has a reason to doubt its validity, they may request a second or third opinion. They may also request additional information if the certification is incomplete or if there is a need to clarify some of the information. However, once a complete and sufficient certification has been received, the employer may not request that the employee seek additional information from a healthcare provider, although they may contact the employee to authenticate or clarify the information provided.
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Frequently asked questions
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. This includes conditions such as cancer, heart attacks, strokes, severe injuries, Alzheimer's disease, and/or terminal diseases.
Outpatient procedures that require multiple treatments can be considered a serious health condition under FMLA. This includes any period of absence to receive multiple treatments by a healthcare provider or any period of recovery from the treatments. Mood disorder treatments and chemotherapy are examples of outpatient procedures that may qualify as serious health conditions.
To be eligible for FMLA leave, employees must have worked for a covered employer for at least 12 months and have at least 1,250 hours of service in the 12 months before their leave starts. Employees can take up to 12 workweeks of FMLA leave in a 12-month period for their own serious health condition or to care for a family member with a serious health condition.
You must provide your employer with sufficient information about your need for FMLA leave, including the anticipated timing and duration. While you do not need to specifically mention FMLA, you may be required to submit a certification from a healthcare provider supporting your need for leave.
