The Family and Medical Leave Act (FMLA) provides protected leave for employees who suffer from a “serious health condition.” I’ve written a previous blog generally explaining the FMLA for South Carolina employees (Read More Here: The Family and Medical Leave Act for SC Employees], but today I want to focus more on exactly what constitutes a serious health condition.
What Qualifies as a Serious Health Condition for South Carolina Employees?
Not every ailment qualifies. Under the Act and the various regulations that implement that Act, a serious health condition is “an illness, injury, impairment, or physical or mental condition that involves either (1) inpatient care or (1) continuing treatment by a health care provider.” 29 C.F.R. 825.102. Covered medical conditions include mental health conditions (depression, anxiety, etc.), not just physical health conditions.
The health issue has to be serious enough that one of two things has happened: (1) the employee has sought inpatient care, which means an overnight stay in a hospital and the following treatment or period of incapacity connected with that hospital stay. So if you get admitted and have follow-up treatment or have to recover for a period of time, then that would qualify as inpatient care, and FMLA coverage would follow.
Or (2), the employee would also qualify if the they are under continuing treatment by a health care provider. A one time visit for a headache might not qualify, but regular doctors visits for treatment of a migraine condition, for example, would qualify. Other examples of continuing treatment include a period of at least three days of incapacity (not able to work) with follow-up treatment, along with pregnancy, chronic conditions, conditions requiring multiple treatments (surgeries or injections, for example), and permanent or long-term conditions, such as cancer treatments or Alzheimer’s.
FMLA Leave Also Covers an Employee Seeking to Care for a Child, Spouse, or Parent
And keep in mind that FMLA leave–whether intermittent or continuous leave–is not just for the employee’s own serious health condition. It also applies if the employee needs leave to care for your family member’s serious health condition. So if your child, spouse, or parent has one of these conditions requiring inpatient care or continuing treatment, then the employee can seek coverage of the Act’s protections as well.
Children covered by the act include biological children, those who are adopted, a stepchild, and a foster child.
“Parents” only includes the employee’s parents, not in-laws. But “parent” does also include adoptive parents, stepparents, and foster parents.
A Recent Real Life Example of What DOESN’T Qualify as a Serious Health Condition
In a recent case out of the federal court in Pennsylvania, Rodriguez v. Southeastern Pennsylvania Transportation Authority, an employee claimed FMLA leave for migraines, which the company denied and then fired the employee.
However, prior to the employee’s request for FMLA leave, the company already informed the employee that he was being terminated for violations of the attendance policy. Most of the absences were not related to his migraines, although the final absence was due to a migraine. It was only after the company recommended his termination that the employee first requested medical leave under the FMLA. The company terminated him formally shortly thereafter.
The case rose and fell on whether the employee’s migraines met the definition of “serious health condition” at all. The court ultimately found that the migraines did not, based on the fact that the employee had never sought medical treatment for his migraines prior the termination and had only gone once thereafter, just to get his FMLA paperwork filled out. There was no evidence that it was continuing treatment, and he had not been admitted for inpatient care. Thus, his migraines did not qualify as a serious medical condition
Takeaways for South Carolina Employees
Keep in mind that not all medical issues will qualify for FMLA leave. But if you’re visiting the doctor regularly for treatment, including psychological conditions like depression or anxiety, then you likely have coverage. Make sure that you communicate your need for leave clearly to the company, and preferably in writing and from your personal phone or email. Anything not in writing or recorded can easily be denied.
Also make sure that you get any FMLA paperwork promptly filled out by your doctor. If there are any delays in getting those filled out, let your company know in writing about those delays and what steps you are taking to fulfill your obligation to provide that completed paperwork to the company. I’ve reviewed many FMLA cases that I can’t move forward on because of the lack of written communication between the employee and HR. I want to see a clear paper trail of communication wherever possible. Show your work, as your math teacher always told you.
And if you get fired or otherwise retaliated against for seeking or using FMLA leave for yourself or your loved one, then give my office a call at (864) 233-4351 or reach out to us on the Contact Us page.
