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FMLA: How to Define a ‘Serious’ Health Condition

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in Employment Law,FMLA Guidelines,HR Management,Human Resources

White Paper published by The HR Specialist, copyright 2007

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The Family and Medical Leave Act (FMLA) provides qualified employees with up to 12 weeks of unpaid, job-protected leave each year. To qualify, the leave must be triggered by the birth, adoption or foster care of the employee's child; caring for a child, spouse or parent with a "serious health condition"; or by the employee's own "serious health condition." The law applies to organizations with 50 or more employees.

As many employers have complained, the definition of serious health condition changes constantly as courts interpret this all-important issue. Under the FMLA a serious health condition is an "illness, injury, impairment or any physical or mental condition that requires inpatient medical care or continuing treatment by a health care provider."

Examples include emphysema, appendicitis, severe respiratory conditions (such as chronic...(register to read more)

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