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Serious Health Condition

A "Serious Health Condition", as defined by The Family Medical Leave Act of 1993, is an illness, injury, impairment, or physical or mental condition that involves one of the following:

Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity¹ or subsequent treatment in connection with or consequent to such inpatient care.

Absence Plus Treatment
A period of incapacity¹ of more than three consecutive calendar days (including any subsequent treatment or period of incapacity¹ relating to the same condition), that also involves:

• Treatment² two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist ) under orders of, or on referral by a health care provider; or
• Treatment by a health care provider on a least one occasion which results in a regimen of continuing treatment³ under the supervision of the health care provider.

Pregnancy
Any period of incapacity due to pregnancy, or for prenatal care.

Chronic Conditions Requiring Treatment
A chronic condition which:

• Requires periodic visits for treatment by a health care provider, or by a nurse of physician’s assistant under direct supervision of a health care provider;
• Continues over an extended period of time (including recurring episodes of a single underlying condition); and
• May cause episodic rather than a continuing period of incapacity¹ (e.g., asthma, diabetes, epilepsy, etc.).

Permanent/Long-term Conditions Requiring Supervision
A period of incapacity¹ which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

Multiple Treatments (Non-Chronic conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity¹ of more than three consecutive days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), and kidney disease (dialysis).

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Notes:

¹"Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.

²"Treatment" includes examination to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations.

³A "regimen of continuing treatment" includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider.


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For more information about your FMLA rights and responsibilities, please contact the Employment Service Center at (313)577-2010. Thank you.