What counts as a serious health condition under the FMLA?

In Florida, a serious health condition is defined under the Family and Medical Leave Act (FMLA) 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, extended periods of incapacity, or a period of incapacity of more than three consecutive calendar days that also involves treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment. Examples of serious health conditions include, but are not limited to, cancer, pregnancy, severe headaches, respiratory illnesses, heart attacks, strokes, autism, mental health illnesses, and severe injuries. The FMLA also covers family members’ serious health conditions. Care must be provided to a family member who has a serious health condition to qualify under the FMLA. Caring for the family member must involve providing psychological comfort and carry out everyday activities such as helping them get dressed or helping them take medications. This is sometimes referred to as “care taking” or “care giver” responsibilities. Under the FMLA, employees are eligible for up to 12 weeks of leave during a 12-month period to care for a family member with a serious health condition. During this time, an employee must be provided job protection and may not be terminated or have their job duties reduced. This helps ensure that employees can still provide for their families and care for their family members who have a serious health condition.

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What counts as a serious health condition under the FMLA?

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