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September 7, 2008    DOL Home > elaws Advisors > Family and Medical Leave Act Advisor
elaws - employment laws assistance for workers and small businesses - Family and Medical Leave Act Advisor

Serious Health Condition

Serious health condition means an illness, injury, impairment, or physical or mental condition that involves:

  • Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or

  • A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of ) a health care provider; or

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

  • Any period of incapacity (or treatment therefor) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

  • A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective ( e.g., Alzheimer's, stroke, terminal disease, etc.); or

  • Any absences to receive multiple treatments (including any period of recovery that follows) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

For the definition of a serious health condition see Regulations 29 CFR Part 825.114.

For information regarding the employee's ability to perform the functions of the position of the employee, see Regulations 29 CFR Part 825.115.

Please return to the Previous Page to continue learning about valid reasons for leave under FMLA.

Please return to the Main Menu for other information on FMLA.


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