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Family and Medical Leave Act
Definition of Terms

A "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves one of the following:

  1. Hospital Care

    Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

  2. Absence Plus Treatment

    A period of incapacity1 of more than three calendar days (including any subsequent treatment of period of incapacity1 relating to the same condition), that involves:
    1. Treatment2 two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of or on referral by, a health care provider; or
    2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment3 under the supervision of the health care provider.

  3. Pregnancy

    Any period of incapacity due to pregnancy, or for prenatal care.

  4. Chronic Conditions Requiring Treatment

    A chronic condition in which:

    1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider.
    2. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
    3. May cause episodic rather than a continuing period of incapacity1 (e.g., asthma, diabetes, epilepsy, etc.)

  5. Permanent/Long-term Conditions Requiring Supervision

    A period of incapacity1 which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, severe stroke, or the terminal stages of a disease.

  6. Multiple Treatment (Non-Chronic Conditions)

    Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity1 of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritic (physical therapy), kidney disease (dialysis).


1"Incapacity" for the purpose of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom.

2"Treatment" includes examination to determine if a serious health condition exists and evaluations of the condition. Treatment does include routine physical examinations, eye examinations, or dental examinations.

3"A regimen of continuing treatment" includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as asprin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to the health care provider.
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Tuesday, March 6, 2001

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