Legal Question in Medical Leave in Oregon

Re: Denied FMLA leave under ''serious health condition'' definition.

Leave may be taken for a �serious health condition.� What constitutes a �serious health condition� is one of the more frequently misunderstood aspects of the FMLA. The concept of �serious health condition� was meant to be construed broadly. Department of Labor Regulations define the phrase as an illness, injury, impairment or physical or mental condition that involves inpatient care, a period of incapacity combined with treatment by a health care provider, pregnancy or prenatal care, chronic conditions, long-term incapacitating conditions, and conditions requiring multiple treatments. 29 C.F.R. � 825.114(a).

More specifically, inpatient care means an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity (inability to work, attend school or perform other regular daily activities), or any later treatment in connection with the inpatient care. 29 C.F.R. � 825.114(a)(1).

Incapacity plus treatment means a period of incapacity of more than three consecutive days, including any later treatment or period of incapacity relating to the same condition, that also involves: (1) treatment two or more times by a health care provider, by a nurse or physician�s assistant, or a physical therapist; or (2) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. 29 C.F.R. � 825.114(a)(2)(i).

Pregnancy or prenatal care includes any period of incapacity due to the pregnancy or prenatal care, such as time off from work for doctors� visits. 29 C.F.R. � 825.114(a)(2)(ii). A chronic health condition means a condition which requires periodic visits for treatment by a health care provider, which continues over an extended period of time (including recurring episodes of a single underlying condition), and may cause episodes of incapacity (inability to work, attend school or perform other regular daily activities) rather than continuing incapacity. 29 C.F.R. � 825.114(a)(2)(iii).

Conditions requiring multiple treatments includes any period of absence to receive multiple treatments (including any period of recovery from the treatments) by a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity (inability to work, attend school or perform other regular daily activities) of more than three consecutive calendar days in the absence of medical intervention or treatment. 29 C.F.R. � 825.114(a)(2)(v).

On the other hand, by way of example, routine physical, eye or dental examinations; treatments for acne or plastic surgery; common ailments such as a cold or the flu, ear aches, upset stomach, minor ulcers, headaches (other than migraines); and treatment for routine dental or orthodontic problems or periodontal disease generally do not qualify as serious health conditions. 29 C.F.R. � 114(b),(c).