Legal Question in Medical Leave in Michigan

Re: Serious Medical Condition Definitions - Parents

29 USC 2611 of the Family Medical Leave Act defines "serious health condition". It states:

"The term 'serious health condition' means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider."

26 USC 2613 of the Act states that an employer may require a second opinion regarding certification of the need for the employee to care for the relative, as follows:

"In any case in which the employer has reason to doubt the validity of the certification provided under subsection (a) of this section for leave under subparagraph (C) or (D) of section 2612(a)(1) of this title, the employer may require, at the expense of the employer, that the eligible employee obtain the opinion of a second health care provider designated or approved by the employer concerning any information certified under subsection (b) of this section for such leave. * * * *"

It further provides for a third opinion, paid by the employer and selected by both parties, to resolve a conflict between the two opinions. As you can see, the Act places the cost and burden on the employer, if the employee has provided certification that the employee is needed to care for the employee's spouse, son, daughter, or parent who has a serious health condition.

An employee has provided sufficient certification, if the certification shows the date on which the "serious medical condition" commenced and its probable duration, medical facts concerning the condition as they are known to the medical care provider, and a statement that the eligible employee is needed to care for the son, daughter, spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent.

It is inadvisable for a layperson or other unqualified individual to attempt to determine what constitutes a "serious medical condition". Such a determination must be made on the particular facts of the condition of the particular individual. Moreover, the particular circumstances of the employee, as they relate to the care of the relative, have legal significance and should be addressed by an attorney familiar with the particular facts.

You should contact an attorney or the U.S. Department of Labor in your area, to discuss the particular facts and circumstances which affect your rights and obligations. This response may not be relied upon as legal advice and it is not intended to be legal advice. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.