FMLA was passed by the United state congress with the aim to provide employees job protection, who need to take some time off from work for certain family concerns or personal issues. According to the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave per year for certain qualifying reasons, including serious health conditions. However, not all health conditions qualify as “serious” under the FMLA.

The FMLA defines a serious health condition as any condition that makes the employee unable to perform the essential functions of their job, as determined by the employee’s healthcare provider.

As we look at FMLA leave, we will discuss what constitutes a serious health condition under the law in this blog:

Under the FMLA, a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves:

1. Inpatient care: Section 101 (11) of FMLA defines “serious health condition” as a health condition such as an illness, injury, impairment, or physical or mental condition that involves either inpatient care (i.e., an overnight stay in a hospital, hospice, or residential medical care facility).

2. Continuing treatment: You can apply for FMLA leave for continued treatment suggested by a healthcare provider, and it perhaps can have a period of incapacity of more than three consecutive calendar days that also involves either:

• Treatment two or more times by a healthcare provider, or
• Treatment by a healthcare provider with a regimen of continuing treatment, such as medication.
• A healthcare provider may prescribe prescription medication, perform physical therapy, or recommend another form of treatment.

3. Chronic conditions: Leaves can be taken for chronic conditions which involve periodic visits to a healthcare provider for treatment, last for an extended period of time, and cause episodic rather than continuous disability. A chronic condition is one that persists for a long period of time, such as asthma, diabetes, or epilepsy.

4. Pregnancy: Leaves can be taken if you need to take care of a newborn child under the birth of one year, or to take care of the foster or adopted child within one year of placement. Simply, you will be eligible for it for any period of incapacity due to pregnancy, prenatal care, or related medical conditions.

5. Permanent/long-term conditions: You will be eligible for leave for the condition that is permanent or long-term due to a congenital anomaly, a chronic medical condition, or a treatment plan that is expected to last for an extended period of time.

It’s important to note that the employee’s own condition is not the only condition that may qualify for FMLA leave. The FMLA also provides for leave to care for a spouse, child, or parent with a serious health condition.

To support FMLA leave due to a serious health condition, employers may require medical certification from the employee’s healthcare provider. The certification must include the date the serious health condition began, its expected duration, the appropriate medical facts regarding the condition, and a statement that the employee cannot perform their job functions or needs to care for a family member with a serious health condition.

It’s also worth noting that while FMLA provides job-protected leave, it does not guarantee paid leave. However, employees may use any accrued paid leave during their FMLA leave.

Conclusion

The legal definition of a serious health condition in the context of FMLA leave includes an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. Employees who meet these criteria may be eligible for up to 12 weeks of unpaid job-protected leave per year under the FMLA. Check out Compliance Prime, if you want step-by-step guidance for the FMLA checklist for 2023.