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Family and Medical Leave Act (FMLA): Serious Health Conditions

Under the Family and Medical Leave Act (FMLA), serious health conditions can include:

  • Inpatient care or inpatient hospitalization: treatment that involves at least one overnight stay in a hospital, hospice or residential health care facility.
  • Incapacity or subsequent treatment in connection with inpatient care
  • A serious health condition involving continuing treatment by a healthcare provider
    • Any health condition that lasts more than three consecutive calendar days in a row
    • Being treated two or more times by or under the supervision of the healthcare provider within 30 days of the first day of incapacity.
    • Being treated once by an healthcare provider and under ongoing treatment
  • Any period of incapacity due to pregnancy and prenatal care
  • Permanent or Long-Term Conditions: Permanent or long term incapacity for which treatment may not be effective but requires continuing supervision of a healthcare provider
  • Medical conditions that require multiple treatments:
    • Restorative surgery after an accident or other injuries
    • A condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc. ), severe arthritis (physical therapy), or kidney disease (dialysis).

Besides serious health conditions, there are other events that would qualify an eligible employee for FMLA leave. The FMLA does not favor the employee alone – the law doesn’t require the employer to pay the employee during the leave period, among other benefits .

ComplianceOnline Training on HR Compliance

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