A ``serious health condition'' means an illness,
injury, impairment, or physical or mental condition that involves:
(1) Inpatient care (an overnight stay) in a
hospital, hospice, or residential medical care facility, including any
period of incapacity (for purposes of this section, defined to mean
inability to work, attend school or perform other regular daily
activities due to the serious health condition, treatment therefor, or
recovery therefrom), or any subsequent treatment in connection with such
inpatient care; or (2) Continuing treatment by a health care
provider. A serious health condition involving continuing treatment by a
health care provider includes any one or more of:
(i) A period of incapacity (inability to work,
attend school or perform other regular daily activities due to the
serious health condition, treatment therefor, or recovery therefrom) of
more than three consecutive calendar days, and any subsequent treatment
or period of incapacity relating to the same condition, that also
involves:
(A) Treatment two or more times by a health
care provider, by a nurse or physician's assistant under direct
supervision of a health care provider, or by a provider of health care
services (physical therapist) under orders of, or on referral by, a
health care provider; or
(B) 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.
(ii) Any period of incapacity due to pregnancy, or
for prenatal care.
(iii) Any period of incapacity or treatment for such
incapacity due to a chronic serious health condition.
A chronic serious health condition is one
that:
(A) Requires periodic visits for treatment by a
health care provider, or by a nurse or physician's assistant under
direct supervision of a health care provider;
(B) Continues over an extended period of time
(including recurring episodes of a single underlying condition); and
(C) May cause episodic rather than a continuing
period of incapacity (asthma, diabetes, epilepsy, etc.).
(iv) A period of incapacity which is permanent or
long-term due to a condition for which treatment may not be
effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment
by, a health care provider. Examples include Alzheimer's, a severe
stroke, or the terminal stages of a disease.
(v) Any period of absence to receive multiple
treatments (including any period of recovery by a health care
provider or by a provider of health care services under orders of, or on
referral 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 of more than three consecutive calendar days
in the absence of medical intervention or treatment, such as cancer
(chemotherapy, radiation, etc.), severe arthritis (physical therapy),
kidney disease (dialysis).
(b) Treatment for purposes of paragraph (a) of this
section includes (but is not limited to) examinations to determine if a
serious health condition exists and evaluations of the condition.
Treatment does not include routine physical examinations, eye
examinations, or dental examinations. Under paragraph (a)(2)(i)(B), a
regimen of continuing treatment includes, for example, a course of
prescription medication (e.g., an antibiotic) or therapy requiring
special equipment to resolve or alleviate the health condition (e.g.,
oxygen). A regimen of continuing treatment that includes the taking of
over-the-counter medications such as aspirin, antihistamines, or salves;
or bed-rest, drinking fluids, exercise, and other similar activities
that can be initiated without a visit to a health care provider, is not,
by itself, sufficient to constitute a regimen of continuing treatment
for purposes of FMLA leave.
(c) Conditions for which cosmetic treatments are
administered (such as most treatments for acne or plasticsurgery) are not
``serious health conditions'' unless inpatient hospital care is
required or unless complications develop. Ordinarily, unless
omplications arise, the common cold, the flu, ear aches, upset stomach,
minor ulcers, headaches other than migraine, routine dental or
orthodontia problems, periodontal disease, etc., are examples of
conditions that do not meet the definition of a serious health condition
and do not qualify for FMLA leave. Restorative dental or plastic surgery
after an injury or removal of cancerous growths are serious health
conditions provided all the other conditions of this regulation are met.
Mental illness resulting from stress or allergies may be serious health
conditions, but only if all the conditions of this section are met.
(d) Substance abuse may be a serious health
condition if the conditions of this section are met. FMLA leave may only
be taken for treatment for substance abuse by a health care provider or
by a provider of health care services on referral by a health care
provider. On the other hand, absence because of the employee's use of
the substance, rather than for treatment, does not qualify for FMLA
leave.
(e) Absences attributable to incapacity under
paragraphs (a)(2) (ii) or (iii) qualify for FMLA leave even though the
employee or the immediate family member does not receive treatment from
a health care provider during the absence, and even if the absence does
not last more than three days. For example, an employee with asthma may
be unable to report for work due to the onset of an asthma attack or
because the employee's health care provider has advised the employee to
stay home when the pollen count exceeds a certain level.