Introduction to the
Family and Medical Leave Act
What constitutes a serious health
condition under the FMLA
A "serious health condition" of an
employee or an employee's family member is a physical or mental condition that requires:
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inpatient care in a hospital, hospice, or
residential medical care facility; or
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continuing treatment by a health care provider.
See, 29 U.S.C. Section 2611(11).
A health care provider is defined as a doctor of
medicine or osteopathy who is authorized to practice medicine or surgery by the State in
which the doctor practices. The Secretary of Labor is also authorized by Congress to
designate other persons who can be considered health care providers. See, 29 U.S.C.
Section 2611(6). The following is a list of the persons currently designated:
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podiatrists
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dentists
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clinical psychologists
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optometrists
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chiropractors (limited to treatment consisting
of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to
exist)
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nurse practitioners
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nurse-midwives
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clinical social workers (who are performing
within the scope of their practice as defined under State law)
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Christian Science practitioners listed with the
First Church of Christ, Scientist in Boston, Massachusetts.
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any health care provider from whom an employer
or the employer's group health plan will accept certification of the existence of a
serious health condition.
The serious health condition must render the
employee unable to perform the functions of his or her job.
Ordinarily, unless complications arise, the common
cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine,
routine dental or orthodontia problems, periodontal disease, etc., are examples of
conditions that do not meet the definition of a serious health condition and do not
qualify for FMLA leave. 29 C.F.R. Section 825.114 (c).
Substance abuse problems may qualify as serious
health conditions, but FMLA leave must be taken for treatment of these problems.
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Cases discussing what is a
serious
health condition
Employee with bloody stools
(and no other problems)
did not have a serious health condition. Bauer v. Varity Dayton-Walther Corp., 118
F.3d 1109 (6th Cir. 1997).
Employee's carpal tunnel syndrome (which was mild to
moderate) was not a serious health condition. If it had been severe, then the court might
have ruled the other way. Price v. Marathon Cheese Corp., 119 F.3d 330 (5th Cir.
1997).
Employee with a serious ulcer
may have a serious health
condition. Victorelli v. Shadyside Hospital, 128 F.3d 184 (3rd Cir. 1997). |
Several minor medical problems = a
serious health condition?
Several medical problems, if occurring at the
same time, can constitute a serious health condition even if any one of the medical
problems alone would not be a serious health condition. Price v. City of Fort Wayne,
117 F.3d 1022 (7th Cir. 1997).
