What counts as a serious health condition under the FMLA?

Under the Family and Medical Leave Act (FMLA), 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 requires continuing treatment and/or supervision of a health care provider. Serious health conditions may include conditions such as cancer, diabetes, severe injuries, pregnancy, mental illness, and Alzheimer’s. In North Carolina, vacations, minor illnesses, and routine medical exams are not considered serious health conditions and would not qualify for FMLA leave. In some cases, it is not clear-cut whether a condition qualifies for FMLA leave. For example, if the employee experiences side effects from a medication that requires them to miss more than three consecutive days of work, it can be considered a serious health condition. However, if the employee only misses one or two days of work for the side effects, they would not be eligible. If the employee is uncertain about whether their medical condition qualifies, they can contact their employer to discuss it. The employer or their representative may contact the employee’s medical provider to obtain verification of the serious health condition and the employee’s need for leave.

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What counts as a serious health condition under the FMLA?

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