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Make sure employees follow all the rules when requesting FMLA leave

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in FMLA Guidelines,Human Resources

Workers who want to take FMLA time off must show they have a serious health condition. The Department of Labor’s FMLA regulations define what constitutes a serious health condition. If an acute condition involves a period of incapacity of more than three consecutive days, continuing treatment includes either:

  • Treatment two or more times within 30 days of the first day of incapacity or
  • Initial in-person treatment followed by a regimen of continuing treatment under the supervision of a health care provider.

However, in either case, the first in-person treatment with a health care professional must take place within seven days of the initial illness or injury that rendered the worker incapable of performing his job.

Otherwise, the regulations assume the condition isn’t a serious health condition. Thus, the worker would not be entitled to FMLA leave.

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