Chapter 6 - § 6.5 • WHAT IS A QUALIFYING SERIOUS HEALTH CONDITION?

• Jurisdiction: Colorado

§ 6.5 • WHAT IS A QUALIFYING SERIOUS HEALTH CONDITION?

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)).

Absences related to pregnancy and/or prenatal care and related to chronic serious health conditions qualify for FMLA leave even when the employee or the covered family member does not receive a provider's treatment during the absence; these absences also qualify for leave when the period of absence does not last more than three consecutive calendar days (for example, asthma attacks or morning sickness). 29 C.F.R. § 825.115(f).

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...