What Qualifies as Serious Health Condition for Fmla

A “continuous treatment regimen” is defined in paragraph 825.114(b) as including, for example, a prescription drug (e.g., B an antibiotic) or treatment that requires special equipment to remedy or relieve the condition (e.g., B oxygen). But the regulations also make it clear that taking over-the-counter medications such as aspirin, antihistamines or ointments; or bed rest, fluid consumption, exercise and other similar activities that can be initiated without a visit to a health care provider are not in themselves a continuous treatment regimen for FMLA vacation purposes. Answer 3A: Bronchitis itself can be a serious health problem if it meets one of the regulatory definitions. Bronchitis generally cannot be a serious illness, as it usually does not involve the incapacity of more than three consecutive calendar days and the continuation of treatment by a health care provider within the meaning of the regulations. In the event that the physician does not prescribe medication to remedy or relieve the condition, this would not be considered a “continuous treatment regimen” within the meaning of the regulation. Answer 4C: The health care plan described in your question appears to be a treatment or activity that can be initiated without a visit to a health care provider. In those circumstances, without other factors, the situations would not be considered serious health problems for the purposes of the FMLA holiday. Determining if your health qualifies you for an FMLA leave can be difficult, especially if your employer tells you that this is not the case. That`s why Allen`s labor lawyer, Dan A. Atkerson, offers free initial consultations. You can know your rights without obligation in accordance with the guidelines of the FMLA.

If you have been denied legal sick leave, Dan can help you file a claim to receive compensation and/or ensure you get the leave you need. Answer 4A: Based on the limited information in the situation you describe, there does not appear to be any ongoing treatment by a health care provider that would qualify absence for the FMLA vacation. The final regulations also include in paragraph 825.114(c) examples of conditions that, unless complicated, would not normally meet the regulatory definition of a serious medical condition and therefore would not be eligible for FMLA discharge: cold, flu, earache, stomach upset, mild ulcers, headaches other than migraines, routine dental or orthodontic problems, periodontitis, etc. Normally, these health conditions would not meet the definition in paragraph 825 114(a)(2) because they are not expected to last more than three consecutive calendar days and require ongoing treatment by a health care provider in accordance with the regulations. However, if any of these conditions meet the regulatory criteria for a serious medical condition, e.B. a disability of more than three consecutive calendar days, including eligible treatment, would be protected by the FMLA. For example, if a person with influenza is unable to work for more than three consecutive calendar days and receives continuous treatment. B for example, a visit to a health care provider, followed by a program of care such as prescription drugs such as antibiotics, the person has a “serious health condition” eligible for FMLA purposes. Under certain circumstances, you may take an FMLA vacation for a serious health problem, even if you don`t have this condition yourself. If a family member is sick or seriously injured, you can use your FMLA vacation to take care of them. However, this only applies to a few close relatives. Before answering your specific questions, it may be helpful to first review the relevant sections of the FMLA and its Implementing Rules, 29 CFR Part 825, and explain their underlying reasons.

According to the fmLA, “eligible employees” may take leave, among other things, because of their own serious health conditions, which prevent them from performing the essential duties of their position or from caring for immediate family members (i.e., spouse, child or parent) with serious health problems. Subsection 101(11) of the FMLA defines a serious medical condition as “an illness, injury, impairment or physical or mental condition that includes: In developing the final regulatory definition of “serious health” in section 825.114, the Compensation and Hours of Work Division carefully reviewed the legislation, legislative history, public comments received during the development of the rules, and its experience in applying the provisional rules. As a result of this review, separate definitions were established for: (1) all periods of incapacity for work due to pregnancy and prenatal care (825,114(a)(2)(ii)); (2) a serious chronic condition (such as asthma, diabetes, etc., section 825.114(a)(2)(iii)); (3) a permanent or long-term condition for which treatment may not be effective (e.B. Alzheimer`s, stroke, incurable diseases, etc., section 825.114(a)(2)(iv)); and (4) multiple treatments (including recovery) either for reconstructive surgery following an accident or other injury, or for a condition that would likely result in a period of incapacity for work of more than three consecutive calendar days in the absence of medical intervention or treatment (such as dialysis, chemotherapy, etc., section 825.114(a)(2)(v)). Answer 1D: Staying home, drinking fluids and staying in bed are activities that can be initiated without visiting a health care provider and do not constitute “ongoing treatment” within the meaning of the FMLA regulations. See paragraph 825.114(b). Answer 1C: A prescription given “in case your cold develops into something serious” raises the question of whether the existing condition is a serious health condition within the meaning of FMLA. In all likelihood, the employee has not yet suffered the “complications” that would qualify the illness as a serious health problem for the purposes of the FMLA vacation. It is unlikely that an employee who does not follow the physician`s instructions will be subject to a “continuous treatment regimen by or under the supervision of the health care provider” within the meaning of the FMLA regulations. Answer 1B: If an employee with influenza only calls the doctor but is not seen or examined by the physician, these circumstances would not be considered “treatment” within the meaning of the regulations.

Treatment refers to an examination to determine if there is a serious health problem, assessments of the condition, and actual treatment by the health care provider to resolve or relieve the problem. A phone conversation is not an exam. An examination or treatment requires a visit to the health care provider to be eligible for FMLA. I regret that due to the amount of requests and other work related to the management of FMLA, we were not able to respond sooner. Question 2A: What happens if the absence is due to strep throat or ear infection and the employee goes to the doctor and receives a prescription for an antibiotic, is this a serious health problem? According to the FMLA, eligible employees can take up to 12 weeks of unpaid leave over a 12-month period to treat a serious health condition or to care for a family member with a serious medical condition. .