Aug 04, 2016
By Peter Friedmann

Our Columbus FMLA lawyers can help you determine if you are eligible for FMLA leave in Ohio.  If you are wondering if you are eligible for FMLA in Ohio, click here – FMLA.

Our Columbus Employment Lawyers will now address what is considered a “serious medical condition” under the FMLA.

The Department of Labor says, a “serious health condition” under the FMLA means an illness, injury, impairment, or physical or mental condition that involves:

  • any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
  • a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or
  • any period of incapacity due to pregnancy, or for prenatal care; or
  • any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
  • a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases, etc.); or,
  • any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).

Employees may take FMLA leave for themselves or to care for their parent, spouse, son, or daughter whose medical condition meets the above criteria. The FMLA regulations specifically exclude the following conditions, unless inpatient care or complications develop that would meet the above criteria:

  • cosmetic treatments
  • common colds, flu, and ear aches
  • upset stomach, minor ulcers, headaches other than migraine,
  • routine dental or orthodontia problems, and periodontal disease

These are just some examples and this list is non-exhaustive.  You can also receive FMLA leave for intermittent serious health conditions, that cause flare-ups or when treatment is necessary on a periodic basis, rather than a long period of time.  For a discussion on intermittent and continuous FMLA leave, you can read our blog post on that exact issue. Read also: continuous leave vs intermittent leave

If you unsure as to whether or not you or someone in your immediate family has a serious medical condition covered by the FMLA, we can answer your questions.   Contact one of our Dayton employment lawyers today.