A serious health condition is the most common reason for taking FMLA leave, whether it is for the employee or a spouse, son, daughter or parent with a serious health condition.
How does one determine a serious health condition (SHC) for FMLA purposes?
The textbook answer is that an SHC is an illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider.
Inpatient care is easy to determine. It means any overnight stay in a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with inpatient care.
· Incapacity and treatment. The incapacity must exceed three consecutive, full calendar days. The treatment typically must consist either of two doctor visits within 30 days of the start of the incapacity or one doctor visit followed by a regimen of continuing treatment (e.g., physical therapy, taking a prescription). The first visit must occur within the first seven days of incapacity. Examples include pneumonia and minor outpatient surgery.
· Pregnancy or prenatal care. Expectant moms with any length of incapacity qualify.
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