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Chapter 6 - § 6.5 • WHAT IS A QUALIFYING SERIOUS HEALTH CONDITION?
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A "serious health condition" is defined as "an illness, injury, impairment, or physical or mental condition" that requires either inpatient care or continuing treatment by a qualified health care provider. 29 U.S.C. § 2611(11); 29 C.F.R. § 825.113(a). "Continuing treatment by a health care provider" includes: (1) a period of incapacity lasting for more than three consecutive calendar days, and involving either two or more treatments by a health care provider within 30 days, or treatment by a health care provider that results in an ongoing treatment plan under the supervision of a qualified health care provider;1 (2) incapacity due to pregnancy or prenatal care; (3) any period of incapacity or treatment for such incapacity due to a chronic serious health condition; (4) a permanent or long-term period of incapacity; or (5) a period of absences necessary for multiple treatments and recovery, such as chemotherapy or dialysis. 29 C.F.R. § 825.115(a) through (e). See Silcox v. Via Christi Oklahoma Regional Medical Center-Ponca City, Inc., 196 F. App'x 658, 659 (10th Cir. 2006) (employee failed to establish that she received treatment for a serious health condition where she received treatment from her chiropractor who was not a "health care provider" pursuant to the FMLA because he failed to take x-rays to document her condition as required by 29 C.F.R. § 825.118(b)(1)); Jones v. Denver Public Schools, 427 F.3d 1315, 1323 (10th Cir. 2005) (employee failed to establish that, due to his back pain, he suffered from a serious health condition where he did not receive two or more treatments from a medical provider during the initial period of incapacity as required by 29 C.F.R. § 825.114(a)(2)).
A "serious injury or illness" for a covered veteran includes an illness that was incurred or aggravated in the line of active duty in the Armed Forces and manifested itself before or after the member became a veteran. 29 C.F.R. § 825.127(c)(2). The injury must (1) render the veteran unable to perform the duties of his or her office, grade, rank, or rating; (2) result in a 50 percent or greater VA Service Related Disability Rating; (3) impair the veteran's ability to secure and follow gainful occupation; or (4) include an injury which results in the veteran being enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. 29 C.F.R. § 825.127(c)(2).
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- Chapter 6 The Family and Medical Leave Act
- Chapter 6 - CHAPTER 6 THE FAMILY AND MEDICAL LEAVE ACT
- Chapter 6 - § 6.1 • IN GENERAL
- Chapter 6 - § 6.2 • WHAT EMPLOYERS ARE COVERED BY THE FMLA?
- Chapter 6 - § 6.3 • WHAT EMPLOYEES ARE ELIGIBLE FOR LEAVE?
- Chapter 6 - § 6.4 • LEAVE FOR THE BIRTH, ADOPTION, OR PLACEMENT INTO A FOSTER HOME OF A CHILD
- Chapter 6 - § 6.5 • WHAT IS A QUALIFYING SERIOUS HEALTH CONDITION?
- Chapter 6 - § 6.6 • WHO IS A SON, DAUGHTER, SPOUSE, PARENT, OR NEXT OF KIN OF A COVERED SERVICE MEMBER?
- Chapter 6 - § 6.7 • WHO IS A HEALTH CARE PROVIDER?
- Chapter 6 - § 6.8 • LEAVE
- Chapter 6 - § 6.9 • EMPLOYEE'S NOTICE REQUIREMENTS
- Chapter 6 - § 6.10 • EMPLOYER'S NOTICE REQUIREMENTS
- Chapter 6 - § 6.11 • EMPLOYER'S RECORD-KEEPING REQUIREMENTS
- Chapter 6 - § 6.12 • REINSTATEMENT TO FORMER OR EQUIVALENT POSITION
- Chapter 6 - § 6.13 • BENEFIT CONTINUATION
- Chapter 6 - § 6.14 • EXEMPTIONS FOR KEY EMPLOYEES
- Chapter 6 - § 6.15 • CERTIFICATION REQUIREMENTS
- Chapter 6 - § 6.16 • FMLA PROHIBITS INTERFERENCE, RETALIATION, OR DISCRIMINATION
- Chapter 6 - § 6.17 • REMEDIES FOR VIOLATIONS OF THE FMLA
- Chapter 6 - § 6.18 • WHO MAY BE LIABLE FOR VIOLATIONS?
- Chapter 6 - § 6.19 • STATES' IMMUNITY FROM CIVIL SUIT
- Chapter 6 - § 6.20 • FMLA ACCRUAL FOR UNIFORMED SERVICE MEMBERS
- Chapter 6 - § 6.21 • USEFUL RESOURCES
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