Skip to Main Content

For workplace safety and health, please call 800-321-6742; for mine safety and health, please call 800-746-1553; for Job Corps, please call 800-733-5627 and for Wage and Hour, please call 1-866-487-9243 (1 866-4-US-WAGE). This website is currently not being updated due to the suspension of Federal government services. The last update to the site was 10/1/2025. Updates to the site will start again when the Federal government resumes operations.

Family and Medical Leave Act Advisor

Serious Health Condition

For purposes of FMLA, "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

  • Incapacity means the inability to work, attend school or perform other regular daily activities due to a serious health condition (or treatment for or recovery from a serious health condition).
  • Treatment includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. It does not include routine physical, eye or dental examinations.
  • Inpatient care means 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.
  • Continuing treatment by a health care provider includes several distinct definitions and can include conditions with short-term, chronic, long-term or permanent periods of incapacity.

Select the reason for leave:

Return to Reasons for Leave.

For more information on this aspect of the FMLA, see the FMLA regulations: § 825.113, § 825.114, § 825.115