Legal Question in Medical Leave in Pennsylvania

"Serious Medical Condition"

The Family Medical Leave Act provides for unpaid leave to care for a spouse, parent, or son or daughter who suffers from a serious medical condition. The definition of a "serious medical condition" under the regulations to the Family Medical Leave Act is found at Section 825.114. It is quite involved, and there is no easy rule of thumb to determine whether a condition satisfies the requirements. It requires, at a minimum, an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, which includes a period of incapacity of more than three consecutive calendar days, any period of incapacity due to pregnancy, a period of incapacity due to a chronic serious health condition, a period of incapacity which is permanent or long-term due to treatment which may not be effective, a period of absence to receive multiple treatments. Whether the particular facts and circumstances of your situation will be affected by the FMLA or other laws should be reviewed by an attorney who has an opportunity to ask questions about those facts and who can investigate them. You should contact an attorney as soon as possible.