What counts as a serious health condition under the FMLA?
Under the Family and Medical Leave Act (FMLA) in Texas, a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a healthcare provider. This includes conditions such as cancer, a chronic serious health condition, pregnancy or prenatal care, or a permanent or long-term condition for which treatment may not be effective. A serious health condition can also include any period of incapacity, as long as it requires the continuing care of a healthcare provider. That means that if you are unable to work or perform other regular daily activities due to an illness or injury, and you need ongoing medical attention, this may qualify as a serious health condition as defined by the FMLA. Under the FMLA, an employee may be eligible for up to twelve weeks of unpaid, job-protected leave to care for themselves or a family member due to a serious health condition. The leave is designed to prevent loss of employment and provide for medical needs due to the serious health condition of the employee or a family member. To qualify for FMLA leave, employees must work for a covered employer and have worked at least 1,250 hours in the previous twelve months. The employer must also have fifty or more employees working within a 75-mile radius.
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