A serious health condition is 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 that includes one or more of the following:
- a period of incapacity of more than three consecutive, full calendar days, and any subsequent treatment or related period of incapacity relating to the same condition;
- any period of incapacity due to pregnancy or for prenatal care;
- any period of incapacity or treatment due to a chronic serious health condition;
- a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective; or
- any period of absence due to multiple treatments (including any period of recovery from the treatments) for restorative surgery after an accident or other injury, or a condition that would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment.
Non-Serious Conditions
The following conditions do not qualify for the FMLA unless complications arise:
- the common cold
- flu
- earaches
- upset stomach
- minor ulcers
- headaches other than migraines
- routine dental or orthodontia problems
- eye examinations
- routine physical examinations
- periodontal disease