Eleanor Finch
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of leave in a 12-month period for their own serious health condition or that of a family member. A serious health condition is generally one that involves a period of incapacity, preventing the individual from working, attending school, or performing regular daily activities. This includes chronic conditions such as asthma and epilepsy, as well as non-incapacitating conditions that would result in a period of incapacity without medical treatment, like chemotherapy or kidney dialysis. Short-term conditions with brief treatments and recoveries, such as the common cold or influenza, are typically not considered serious health conditions. The diagnosis, prognosis, and treatment prescribed by a healthcare provider will determine how FMLA leave is approached by the employee and their supervisor.
| Characteristics | Values |
|---|---|
| Definition | A serious health condition is a physical or mental illness, injury, or other health issue that requires an extended period of time off work. |
| Eligibility | Eligible 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. |
| Treatment | Includes examinations, evaluations, prescription medication, therapy requiring special equipment, etc. |
| Examples | Cancer, heart attacks, strokes, severe injuries, Alzheimer's disease, terminal diseases, pregnancy, substance use disorder, perinatal depression, etc. |
| Exclusions | Short-term conditions like the common cold, influenza, headaches, routine dental or orthodontia problems, cosmetic treatments, etc. |
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Chronic conditions
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. This includes chronic conditions, which are defined as conditions that require periodic visits to a healthcare provider or a nurse supervised by the provider at least twice a year and include periods of incapacity that recur over an extended period. Examples of chronic conditions include asthma, epilepsy, diabetes, cancer, heart attacks, strokes, severe injuries, Alzheimer's disease, and terminal diseases.
To be considered a serious health condition under the FMLA, a chronic condition must result in at least three days of incapacity and require ongoing treatment. This can include restorative surgery after an accident or injury, or a condition that would require an absence of more than three days if left untreated. Mental health conditions such as depression, anxiety, PTSD, and bipolar disorder can also qualify an employee for FMLA leave if they meet these criteria.
It is important to note that FMLA leave may be taken intermittently for chronic conditions, allowing employees to take time off as needed when symptoms recur or when treatment is required. This flexibility recognizes that chronic conditions may not always result in continuous periods of incapacity and enables employees to manage their condition while maintaining their employment.
FMLA leave for serious health conditions, including chronic conditions, can provide valuable support to employees and their families during challenging times. It is a job-protected leave, ensuring that employees can take the necessary time off without worrying about losing their employment. The duration of FMLA leave can vary depending on the specific circumstances, with employees being entitled to up to 12 workweeks of leave in a year for their own serious health condition or to care for a family member.
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Incapacitation
Chronic conditions, such as asthma and epilepsy, fall under the category of serious health conditions. These conditions may continue over an extended period and cause episodic periods of incapacity. Even conditions that are not typically incapacitating, such as chemotherapy, kidney dialysis, or pregnancy, can result in a period of incapacity lasting more than three consecutive calendar days if medical treatment is not administered.
To be considered a serious health condition, the incapacity should result in the inability to perform the functions of one's job. This means that a health care provider must determine that the employee is unable to work or carry out essential job functions, including the need to be absent from work for medical treatment.
The FMLA provides job-protected leave for eligible employees who require time off due to their own serious health condition or to care for a family member with a serious health condition. Employees may take up to 12 workweeks of FMLA leave in a 12-month period. This leave can be taken continuously or in short blocks of time, depending on the employee's needs and preferences.
It is important to note that short-term conditions with brief treatment and recovery periods, such as the common cold, influenza, or routine dental issues, do not typically qualify as serious health conditions under the FMLA. However, if complications arise from these conditions, they may be considered for FMLA leave.
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Treatment
Inpatient care refers to an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment connected to the inpatient stay. On the other hand, ongoing treatment involves regular or periodic visits to a healthcare provider for evaluation, examination, or treatment of the condition. This can include telemedicine visits, provided certain criteria are met.
To qualify as a serious health condition, the treatment must generally meet certain timing requirements. The employee or their family member must be treated by a healthcare provider within seven days of the first day of incapacity. Additionally, they must be prescribed a course of treatment, such as prescription medication, or have at least one follow-up visit with the healthcare provider within 30 days of the initial incapacity.
The frequency and nature of the treatment will depend on the specific condition. For example, chronic conditions like asthma or diabetes may require sporadic treatment during flare-ups or recurrent symptoms. In contrast, other conditions may necessitate more frequent or intensive treatments, such as dialysis, chemotherapy, or multiple surgeries.
It is important to note that the FMLA covers both physical and mental health conditions. Mental health conditions such as depression, anxiety, PTSD, and bipolar disorder can qualify an employee for FMLA leave. However, similar to physical illnesses, the mental health condition must require inpatient care, a period of incapacity accompanied by treatment, or ongoing treatment with a healthcare provider.
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Serious injuries
Under the Family and Medical Leave Act (FMLA), eligible employees have 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. While the FMLA does not definitively state that particular illnesses or diseases always constitute a serious health condition, it does provide certain guidelines.
To be considered a serious health condition, the injury must result in a period of incapacity, meaning the individual is unable to work, attend school, or perform other regular daily activities due to the injury, its treatment, or recovery. The injury must keep the employee from working for more than three days and require ongoing treatment. This can include inpatient care, which involves overnight medical attention in a hospital or other medical facility, as well as subsequent treatment related to that inpatient care.
It is important to note that the employee may be required by the employer to submit a certification from a healthcare provider to support the need for FMLA leave. This certification can include the diagnosis, prognosis, and course of treatment prescribed by the healthcare provider, which will determine how the employee and their supervisor approach FMLA leave and the employee's work schedule.
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Mental health conditions
A serious health condition is defined by the FMLA as a mental or physical impairment that requires either inpatient care or continuing treatment by a healthcare provider. Inpatient care refers to an overnight stay in a hospital or other medical care facility, such as a treatment center for addiction or eating disorders. Continuing treatment involves conditions that incapacitate an individual for more than three consecutive days and require ongoing medical treatment, such as multiple appointments with a psychiatrist, clinical psychologist, or clinical social worker.
It is important to note that not all employers are required to follow FMLA. It only applies to employers with 50 or more employees, and employees must meet certain eligibility criteria, such as having worked for the company for at least 12 months and a minimum of 1,250 hours during that period. Additionally, employers are prohibited from interfering with or restraining an employee's right to take FMLA leave and cannot discriminate or retaliate against employees for exercising their FMLA rights.
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Frequently asked questions
A serious health condition is a physical or mental condition that prevents you from doing your job for more than 3 consecutive days and requires treatment by a health care provider. This includes chronic conditions such as asthma and epilepsy, as well as conditions that would result in a period of incapacity of more than 3 consecutive calendar days if medical treatment were omitted, such as chemotherapy and kidney dialysis.
Examples of serious health conditions include cancer, heart attacks, strokes, severe injuries, Alzheimer's disease, terminal diseases, pregnancy, and post-birth recovery.
Short-term conditions with brief treatment and recovery periods, such as the common cold, influenza, earaches, upset stomach, headaches (excluding migraines), and routine dental or orthodontia problems, are not considered serious health conditions. Cosmetic treatments and surgeries are also generally not covered unless they require inpatient care or result in complications.
