Serious Health Condition

FMLA/OFLA DEFINITION OF “SERIOUS HEALTH CONDITION”

1. An illness, injury, impairment or physical or mental condition that involves:

• Inpatient care in a hospital, hospice or residential medical care facility (i.e. an overnight stay); including any period of incapacity (defined as an inability to work, attend school or perform other regular daily activities), or any subsequent treatment in connection with such inpatient care;

OR

2. Continuing treatment by a health care provider that includes one OR more of the following:

• A period of incapacity of more than three consecutive calendar days, and any subsequent treatment or  period of incapacity relating to the same condition, that also involves (i) treatment two or more times by a  health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g. physical therapist) on referral by a health care provider; or (ii) treatment by a health care provider on at least one occasion which results in a regiment of continuing treatment.
• A period of incapacity due to pregnancy, or for prenatal care.
• A period of incapacity or treatment for a “chronic” serious health condition which requires periodic visits for treatment by a health care provider continues over an extended period and may cause episodic rather than continuing period of incapacity (e.g., asthma, diabetes, epilepsy).
• A period of incapacity which is permanent or long-term due to a condition for which treatment is not effective (e.g. Alzheimer’s disease, severe stroke, terminal cancer).
• A period of absence to receive multiple treatments for an injury or condition which would result in incapacitation of more than three days if not treated (e.g. chemotherapy or radiation for cancer, physical therapy for severe arthritis, or dialysis for kidney disease).

  Note: Short-term conditions requiring only brief treatment and recovery are not “serious health conditions” (e.g. common cold, flu, earaches, upset stomach, minor ulcers, headaches other than migraines, routine dental or orthodontia problems and periodontal disease).

OR

3. An illness, disease or condition that in the medical judgment of the treating health care provider poses an imminent danger of death, is terminal in prognosis with a reasonable possibility of death in the near future or requires constant care.