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Appendix A: Serious Health Condition Definition

Serious Health Condition Definition (29 CFR §825.113 – 115)

“Serious health condition” means an illness, injury, impairment or physical or mental condition that involves:

  • any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility; or
  • period of incapacity of more than three consecutive, full calendar • days from work, school or other regular daily activities that also involves continuing treatment by a health care provider twice, or once with a continuing regimen of treatment; or
  • any period of incapacity related to pregnancy or for prenatal care; or
  • any period of incapacity or treatment for a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
  • a period of incapacity for permanent or long-term conditions for which treatment may not be effective (e.g., Alzheimer’s, stroke, terminal diseases, etc.); or
  • any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than three consecutive, full calendar days absent medical treatment (e.g., chemotherapy, physical therapy, dialysis, etc.).

The regulations specify that if an employee asserts a serious health condition under the requirement of a “period of incapacity of more than three consecutive, full calendar days and any subsequent treatment or period of incapacity relating to the same condition,” the employee’s first treatment visit (or only visit, if coupled with a regimen of continuing treatment) must take place within seven days of the first day of incapacity. Additionally, if an employee asserts that the condition involves “treatment two or more times,” the two visits to a health care provider must occur within 30 days of the first day of incapacity. Finally, the regulations define “periodic visits” for treatment of a chronic serious health condition as at least twice a year.

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