Under the Family Medical Leave Act (FMLA), an eligible employee is entitled to twelve weeks of unpaid leave during any twelve-month period for any of several reasons, including "a serious health condition that makes the employee unable to perform the functions of the position of such employee." 29 U.S.C. § 2612(a)(1)(D); see id. § 2611(2)(A) (defining eligible employee). The employee is entitled to be restored to her job (or to an equivalent position) upon her return to work after taking FMLA leave. See id. § 2614(a). Further, the employee's FMLA absences cannot count against her under her employer's "no fault" attendance policy. See 29 C.F.R. § 825.220(c) (1999).
"For purposes of FMLA, 'serious health condition' means an illness, injury, impairment, or physical or mental condition that involves: . . . . [a]ny period of incapacity requiring absence from work . . . of more than three calendar days, that also involves continuing treatment by . . . a health care provider." Thorson v Gemini Inc., 205 F.3d 370 (8th Cir. 2000), citing 29 C.F.R. § 825.114(a)(2); see id. § 825.800.
On its face, then, the interim final rule sets forth three objective requirements that must be met before an employee can be deemed to have had a "serious health condition":
(1) she must have had a "period of incapacity requiring absence from work,"
(2) that period must have exceeded three calendar days, and
(3) she must have had "continuing treatment by . . . a health care provider" within that period.
Thorson v Gemini Inc., 205 F.3d 370 (8th Cir. 2000), citing 29 C.F.R. § 825.114(a)(2); see id. § 825.800.
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
any period of incapacity due to pregnancy, or for prenatal care; or
any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
A serious health condition that makes the employee “unable to perform the functions” of his or her job.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Some common serious health conditions that qualify for FMLA leave include conditions requiring an overnight stay in a hospital or other medical care facility; conditions that incapacitate for more than three consecutive days and require ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication); chronic conditions that cause occasional periods when the employee is incapacitated and that require treatment by a health care provider at least twice a year; and pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest.
An employee is unable to perform the functions of the position where the health care provider finds that the employee:
1) is unable to work at all; or
2) is unable to perform any one of the essential functions of the employee's position.
An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perform the essential functions of the position during the absence for treatment.
From DOL Fact Sheet.
Serious Health Condition
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:
any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
any period of incapacity due to pregnancy, or for prenatal care; or
any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or,
any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
A serious health condition that makes the employee “unable to perform the functions” of his or her job.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Some common serious health conditions that qualify for FMLA leave include conditions requiring an overnight stay in a hospital or other medical care facility; conditions that incapacitate for more than three consecutive days and require ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication); chronic conditions that cause occasional periods when the employee is incapacitated and that require treatment by a health care provider at least twice a year; and pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest.
An employee is unable to perform the functions of the position where the health care provider finds that the employee:
1) is unable to work at all; or
2) is unable to perform any one of the essential functions of the employee's position.
An employee who must be absent from work to receive medical treatment for a serious health condition is considered to be unable to perform the essential functions of the position during the absence for treatment.
From DOL Fact Sheet.
If you have been denied FMLA benefits, or were not even told that you were eligible for protected time off, you should contact Madathil Law Office for a free consultation.
Madathil Law Office, LLC
Nebraska Employment Attorney
1625 Farnam Street #830
Omaha, NE 68102
angela@madathil-law.com
T: 402.577.0686
F: 402.932.9551
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