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FMLA eligibility: How serious is that serious health condition?

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in FMLA Guidelines,Human Resources

One of the trickiest parts of administering FMLA benefits is figuring out just whether an employee’s health condition qualifies for leave. Who decides, and how?

The FMLA is designed to grant time off to employees so they can deal with serious health conditions. The law defines a serious health condition as “an illness, injury, impairment or physical or mental condition that involves … continuing treatment by a health care provider.”

The FMLA regulations further define a “serious health condition involving continuing treatment by a health care provider” as requiring a “period of incapacity of more than three consecutive, full calendar days.” “Incapacity” is defined as the “inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore or recovery therefrom.”

2 approaches in court

How does an employee establish incapacity for three or more days? Is an employe...(register to read more)

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