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:
- Treatment two or more times within 30 days of the first day of incapacity (unless extenuating circumstances exist) by a health care provider, by a nurse under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by, a health care provider; or
- Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider.
- The first (or only) treatment by a health care provider must be an in-person visit and take place within seven days of the first day of incapacity.
- A "regimen of continuing treatment" includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition.
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.
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For more information on this aspect of the FMLA, see the FMLA regulations: