Section 7 Serious Health Condition of Employee or Family Member

• Library: Employer-Employee Law 2008

A “serious health condition” is defined as an “illness, injury, impairment, or physical or mental condition that involves” inpatient care or continuing treatment by a health care provider. 29 C.F.R. § 825.114(a). For purposes of the FMLA, “inpatient care” means any overnight stay in a health care facility. 29 C.F.R. § 825.114(a)(1).

“Continuing treatment” under the FMLA includes any of the following:

• A period of incapacity of more than three consecutive calendar days together with two or more subsequent treatments or a subsequent related period of incapacity

• A period of incapacity because of pregnancy or for prenatal care

• A period of incapacity or treatment for incapacity because of a chronic serious health condition

• A permanent or long-term period of incapacity because of ineffective treatment...