Serious Health Condition
Based on the information you provided, it appears that the health condition meets the definition of a serious health condition under the FMLA.
Under the FMLA, the definition of a serious health condition includes all of the following:
Inpatient Care: Care that requires an overnight stay in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care.
Incapacity and Treatment: A serious health condition involving continuing treatment by a health care provider includes a period of incapacity of more than three consecutive full calendar days and any subsequent treatment or period of incapacity relating to the same condition that also involves:
Pregnancy or Prenatal Care: Any period of incapacity due to pregnancy or for prenatal care.
Chronic Conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition that requires periodic visits (at least twice per year) to a health care provider, continues over an extended period of time and may cause episodic rather than a continuing period of incapacity.
Permanent or Long-Term Conditions: A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective, but requires continuing supervision of a health care provider.
Conditions Requiring Multiple Treatments: Any period of absence to receive multiple treatments by a health care provider for (1) restorative surgery after an accident or other injury or (2) a condition that would likely result in a period of incapacity of more than three consecutive full calendar days without the treatments.
Note: Under some circumstances, leave may be taken for treatment of substance abuse; see Serious Health Condition – Leave for Treatment of Substance Abuse for more information.
Continue to the Main Menu to learn about employees' and employers' rights and responsibilities, including what notice and certifications may be required, or
Return to Reasons for Leave.
For more information on this aspect of the FMLA, see the FMLA regulations:
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