Understanding FMLA: What is Considered a Serious Health Condition?
The Family and Medical Leave Act (FMLA) was passed in 1993 to provide employees with job-protected leave for certain medical and family reasons. One of the requirements for an employee to be eligible for FMLA is a serious health condition. In this article, we will explore what a serious health condition is, how it is defined, and what it means for employers and employees.
Definition of a Serious Health Condition
According to the FMLA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves:
– Inpatient care in a hospital, hospice, or residential medical care facility
– Continuing treatment by a health care provider
– Incapacity due to pregnancy or a chronic condition
Continuing treatment includes multiple visits to a health care provider, including those for treatment such as chemotherapy and physical therapy. It also includes incapacity that lasts for more than three consecutive calendar days and requires two or more visits to a health care provider.
Examples of Serious Health Conditions
The following conditions are considered serious health conditions under the FMLA:
– Cancer or other chronic conditions requiring treatment
– Heart attacks or strokes
– HIV/AIDS
– Mental health conditions requiring inpatient care or continuing treatment
– Complications due to pregnancy, including severe morning sickness or prenatal care
– Chronic conditions requiring periodic treatment, such as diabetes, asthma, and epilepsy
It’s important to note that the above list is not exhaustive, and other conditions may also be considered serious health conditions under the FMLA.
Employer Responsibilities
Employers have certain responsibilities when it comes to employees with serious health conditions:
– They must provide up to 12 weeks of unpaid leave to eligible employees per year for childbirth, adoption, or serious health conditions.
– They must maintain the employee’s health insurance while on leave.
– They must return the employee to the same or equivalent position upon the employee’s return from leave.
However, employers are not required to provide pay during an employee’s FMLA leave.
Employee Responsibilities
Employees also have certain responsibilities when it comes to FMLA:
– They must provide adequate notice to their employer of the need for leave.
– They must provide certification from a health care provider, proving the serious health condition.
– They must provide periodic updates to their employer on the status of their condition and intention to return to work.
Failure to fulfill these responsibilities could result in the denial of FMLA leave or disciplinary action by the employer.
Conclusion
Having a serious health condition can be stressful for both employees and employers. Understanding what constitutes a serious health condition under the FMLA can help alleviate some of that stress by ensuring that both parties know their rights and responsibilities. Employers should be well-versed in what they need to provide for employees on leave, while employees should understand what they need to do to qualify for leave and protect their job. By working together, both employers and employees can navigate the complexities of serious health conditions and the FMLA.
