# FMLA - how serious does the medical condition have to be? **URL:** \ **Category:** Factual Questions\ **Created:** [April 13, 2016, 4:40am UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064 "2016-04-13T04:40:34Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [April 13, 2016, 4:40am UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/1 "2016-04-13T04:40:34Z")
How serious does a medical condition have to be to qualify for FMLA (Family and Medical Leave Act), and is it a state-by-state thing or an overall rule that applies pretty much to all 50 states? ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [April 13, 2016, 4:51am UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/2 "2016-04-13T04:51:36Z")
Basically, you need a note from your doctor that says you are too ill to do your job, or a qualified member of your family requires your care or assistance. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [April 13, 2016, 12:52pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/3 "2016-04-13T12:52:57Z")
I got a note from my Moms Dr when she broke her hip. Well, actually, it was a bit of paperwork saying she required assistance. She has now had surgery twice. Where I work, we are quite lenient on leave for this kind of stuff. I for instance will take the day off take her to the Dentist (she lives a hundred miles away, so it’s a full day for me.) I can use some of my massive amount of sick leave for that, and get full pay. In thinking about it… Iv’e been using sick leave only. I have the FMLA turned in, but am told that I should use that if I need to spend weeks with Mom. Kinda weird. ---
**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\ **Post date:** [April 13, 2016, 1:52pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/4 "2016-04-13T13:52:08Z")
In my area, it’s less severity and more duration. Our workplace policy is that any sick leave (so personal sickness, appointments or procedures, or any of that for immediate family that you care for) that lasts more than three working days in a row has to be registered as FMLA, as well as anything that would require more than a week total of sick leave over the course of 6 months. It’s a pain in the ass policy, and results in a lot of shenanigans like people coming in to work for an hour or two on the third day to re-set the clock, or “forgetting” to tell HR that they’re pregnant so that their pregnancy appointments don’t eat into the FMLA leave they want to take entirely after the baby is born. It’s also frustrating, because it’s not entirely clear which things are related - so I missed much more than a week of work over the last three months because I was sick, but I was sick from a documented series of different things. However, they were all related, and probably all caused by the first thing. Finally, I didn’t know in November that the infection I had was going to be such a pain in the ass that I needed to take FMLA for it - so I didn’t. _shrug_ On the other hand, after my car accident, they assumed I would need, and did all the paperwork, but I only needed two days after all. All that effort for nothing. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 13, 2016, 3:02pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/5 "2016-04-13T15:02:30Z")
> [@Velocity](#): > > How serious does a medical condition have to be to qualify for FMLA (Family and Medical Leave Act), and is it a state-by-state thing or an overall rule that applies pretty much to all 50 states? The FMLA is federal law, though some states may offer greater protections. The Department of Labor explains what conditions qualify [here](http://www.dol.gov/whd/regs/compliance/whdfs28f.pdf) (assuming the employer and employee are covered by the Act). **TriPolar** basically explained it. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [April 13, 2016, 3:45pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/6 "2016-04-13T15:45:31Z")
It also depends on whether your company is required to offer FMLA. They must employ at least 50 people within a 75 mile radius in order to be subject to FMLA compliance. Some companies offer it even if they don’t meet the threshold, but just mentioning this in case it doesn’t apply to your employer. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [April 13, 2016, 4:03pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/7 "2016-04-13T16:03:05Z")
If FMLA applies to you, a “serious health condition” is generally defined as a condition that: - requires hospital admittance; or - disables you from performing your job for more than 3 days; or - requires ongoing treatment from a healthcare provider. So, a severe cold that takes you out of work for only 3 days would probably not qualify, but if you were out for four days it might. If you were hospitalized, it definitely would. On the other hand, migraine headache would probably not quality but if you were being actively treated by a doctor for migraines then even occasional short-term absences for them (or for your doctor visits) would probably qualify. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [April 13, 2016, 4:05pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/8 "2016-04-13T16:05:15Z")
To expand on my previous post, here is the definition of a SHC found on the [SHRM](https://www.shrm.org/templatestools/hrqa/pages/howemployeemedicalabsencequalifiesforfmlaleave.aspx) website: > [@](#): > > Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility; any overnight admission to such facilities is an automatic trigger for FMLA eligibility) or continuing treatment by a health care provider. Examples include the following: > > Continuing treatment by a health care provider that results in an incapacity (inability to work, attend school or participate in other daily activities) of more than three consecutive calendar days with either two or more in-person visits to the health care provider within 30 days of the date of incapacity OR one in-person visit to the health care provider with a regimen of continuing treatment, such as prescription medication, physical therapy, etc. In either situation, the first visit to the health care provider must occur within seven days of the first date of incapacity. Examples include pneumonia, surgery or broken/fractured bones. > > Chronic conditions that require periodic visits to a health care provider, continue over an extended period of time and may cause episodic rather than continuing periods of incapacity of more than three days. Examples of chronic conditions include asthma, diabetes and epilepsy. Incapacity for pregnancy or prenatal care (any such incapacity is FMLA-protected regardless of the period of incapacity). For example, a pregnant employee may be unable to report to work due to severe morning sickness. > > Permanent or long-term conditions such as Alzheimer’s, severe stroke or terminal disease. Conditions requiring multiple treatments and recovery from treatments, such as cancer, severe arthritis and kidney disease. Treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. ---
**Author:** ![Richey84](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Richey84](https://boards.straightdope.com/u/Richey84)\ **Post date:** [April 13, 2016, 4:20pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/9 "2016-04-13T16:20:04Z")
I work in disability insurance and work a lot with our FMLA Department. **Tripolar** and **Skammer** pretty much nailed it. File for an FMLA leave and get a doctor’s certification for out to be out of work. Our FMLA Department sends out paperwork for the doctor to complete. It’s about 3-4 pages but it’s not necessary. If your doctor just submits an off-work notice – it can be as short as a sentence, really – that’s sufficient to approve an FMLA leave. Keep in mind that you must be employed for at least one year before FMLA protection kicks in _and_ that FMLA protection expires after 12 weeks. Let me know if you have any other questions. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [April 13, 2016, 4:44pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/10 "2016-04-13T16:44:09Z")
I’d say that the information you doctor needs to submit probably depends on your employer. I used to be the FMLA manager for a very large retailer and we absolutely required the doctor to fill out a Certification of Healthcare Provider form to approve the FMLA. A doctor’s note was _not_ sufficient, unless it contained all the information requested on the form. We also required a doctor’s certification clearing you to _return_ to work, verifying that you were able to perform the duties of your job (with accommodation if necessary). ---
**Author:** ![Richey84](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Richey84](https://boards.straightdope.com/u/Richey84)\ **Post date:** [April 13, 2016, 4:57pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/11 "2016-04-13T16:57:24Z")
> [@Skammer](#): > > I’d say that the information you doctor needs to submit probably depends on your employer. I used to be the FMLA manager for a very large retailer and we absolutely required the doctor to fill out a Certification of Healthcare Provider form to approve the FMLA. A doctor’s note was _not_ sufficient, unless it contained all the information requested on the form. Interesting. Good to know. I work on the disability side but a lot of our disability claims are linked to FMLA. So if we get anything from a doctor – even if it’s an estimated return-to-work date in their chart notes – we notify FMLA of that date and they use that as certification. So, to the OP, I guess I’d recommend you connect with your FMLA carrier to find out how they handle certification. > [@](#): > > We also required a doctor’s certification clearing you to _return_ to work, verifying that you were able to perform the duties of your job (with accommodation if necessary). Yep, we do this too. Some employers refuse to let their employees retun to work until they receive a copy of the doctor’s clearance. OP should connect with his HR Department for that. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 13, 2016, 5:15pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/12 "2016-04-13T17:15:18Z")
“FMLA carrier”? FMLA is unpaid. ---
**Author:** ![Richey84](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Richey84](https://boards.straightdope.com/u/Richey84)\ **Post date:** [April 13, 2016, 5:33pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/13 "2016-04-13T17:33:34Z")
Poor phrasing on my part. I meant that it’s likely the company has contracted a third-party to handle FMLA for them. The OP would need to contact his HR Department to find out who that third party is. ---
**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\ **Post date:** [April 13, 2016, 5:37pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/14 "2016-04-13T17:37:05Z")
> [@Richey84](#): > > Yep, we do this too. Some employers refuse to let their employees retun to work until they receive a copy of the doctor’s clearance. OP should connect with his HR Department for that. I needed a doctor’s clearance to return to work just one day early after being out on short term disability, I’m sure the same kind of requirements would be applied to FMLA, and for the same reason, to protect the company from lawsuits should anything make your condition worse while you are on the job. ---
**Author:** ![Richey84](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Richey84](https://boards.straightdope.com/u/Richey84)\ **Post date:** [April 13, 2016, 5:49pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/15 "2016-04-13T17:49:08Z")
> [@TriPolar](#): > > I needed a doctor’s clearance to return to work just one day early after being out on short term disability, I’m sure the same kind of requirements would be applied to FMLA, and for the same reason, to protect the company from lawsuits should anything make your condition worse while you are on the job. Really? I guess that makes sense. In disability, we don’t require that. If we call a claimant and they say, “Oh, I returned to work on April 11th,” then we just take their word for it and close the claim. We can always re-open it later and adjust the dates if we need to. Like I said above, our company links disability and FMLA claims together and disability drives the claim. So if disability gets approved, FMLA does too. Disability can close a claim without a doctor’s certification. I don’t know if that means FMLA closes their claim at the same time but I assumed it did. However, based on what you’re saying, maybe FMLA waits for a doctor’s release before they close the leave on their end. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 13, 2016, 6:02pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/16 "2016-04-13T18:02:46Z")
It’s not a problem with FMLA per se. It’s a “letting employee with limitations return to work is just asking for a workers’ compensation claim” thing. ---
**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\ **Post date:** [April 13, 2016, 7:06pm UTC](https://boards.straightdope.com/t/fmla-how-serious-does-the-medical-condition-have-to-be/752064/17 "2016-04-13T19:06:10Z")
> [@Richey84](#): > > Interesting. Good to know. I work on the disability side but a lot of our disability claims are linked to FMLA. So if we get anything from a doctor – even if it’s an estimated return-to-work date in their chart notes – we notify FMLA of that date and they use that as certification. Generally, we would take that kind of information as an “FMLA request.” So let’s say an employee brought in a doctor’s note to their manager or submitted a disability claim - that would get forwarded to FMLA and we would treat it as a request for FMLA leave. So we would send the required notification to the employee that we had received their request. Then, we’d have to evaluate if the employee was eligible or not. If they were, we had to send them notice of eligibility along with the certification forms. _Then_, once the doctor filled out the certification forms, their absence would be classified as FMLA leave. If they failed to certify, their leave would be treated as an unapproved absence and they would be subject to discipline and/or termination. We had over 100,000 employees in thousands of locations so we had to be very methodical with the whole process.