What counts as a serious health condition under the FMLA?

Under the Family and Medical Leave Act (FMLA) in California, a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. In order for an illness or condition to be deemed a serious health condition, it must involve either a period of incapacity (inability to work) of more than three days that also involves treatment two or more times by a healthcare provider, or a period of incapacity of more than three days with at least one in-person visit to a healthcare provider, or any period of incapacity due to pregnancy or forever conditions. Other examples of serious health conditions include a chronic serious health condition, such as asthma or diabetes, which requires periodic visits for treatment by a healthcare provider and may cause occasional episodes of incapacity. Mental health conditions, such as depression, anxiety, or post-traumatic stress disorder, may also be considered serious health conditions if they involve continuing treatment by a healthcare provider, including psychotherapy and counseling. The burden of proof for determining if a certain health condition meets the definition of a serious health condition lies with the employee. Therefore, it is important to maintain any supporting documentation from a healthcare provider for any health condition that qualifies for FMLA leave.

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What counts as a serious health condition under the FMLA?

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