Legal Question in Medical Leave in Illinois

If your illness is not serious, you do not qualify for FMLA. A serious medical condition is defined as follows:

Inpatient Care: Conditions requiring an overnight stay in a health-care facility (such as a hospital or hospice), automatically qualify as serious medical conditions. FMLA covers the time in the facility and any subsequent period of incapacity or follow-up treatment in connection with the same condition.

Incapacitation for More than Three Days: Conditions that incapacitate the employee for more than three consecutive calendar days are considered serious provided that he or she is under the �continuous treatment� of a health-care provider. �Continuous treatment� can mean

� Two or more treatments by a health-care provider within the period of incapacitation; or

� One treatment by a health-care provider that results in a regiment of continuing treatment under the provider�s supervision.

Chronic Serious Health Conditions: These conditions incapacitate a person but don�t last more than three straight days. It requires periodic visits for treatment by a health-care provider and continues over an extended period of time. The employee need not visit a health-care provider for each absence. Examples of chronic conditions could include diabetes, asthma, and epilepsy. Treatment may include prescription medications. Treatment does not include actions that the employee can do without a visit to a health-care provider, such as taking over-the-counter medications, or bed rest.

Hope this helps!