One basis for taking leave from work under the Family and Medical Leave Act (FMLA) is where an employee suffers from a “serious health condition” that renders the employee unable to perform the functions of his position. 29 U.S.C. § 2612(a)(1)(D).

The FMLA defines a “serious health condition” as “an illness, injury, impairment, or physical or mental condition that involves:

(A) inpatient care in a hospital, hospice, or residential medical care facility; or

(B) continuing treatment by a health care provider. 29 U.S.C. § 2611(11).

The FMLA’s implementing regulations, which further explain and define the terms “serious health condition”, “inpatient care”, and “continuing treatment”, were amended in early 2009. See 29 C.F.R. § 825.113, 825.114, and 825.115. Click here..

Therefore, attorneys, human resource professionals, and affected employees, need to make sure that they consult the amended regulations should a question regarding the subject of a “serious health condition” arise.