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:
- 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.
- 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:
- 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
- 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.
- Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.
- Chronic Conditions Requiring Treatment
A chronic condition in which:
- 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.
- Continues over an extended period of time (including
recurring episodes of a single underlying condition); and
- May cause episodic rather than a continuing period of
incapacity1 (e.g., asthma, diabetes, epilepsy,
etc.)
- 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.
- 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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