The Essential Guide to Family & Medical Leave

60 | the essential guide to family and medical leave
Health care providers who practice outside of the United States also qualify,
as long as they are authorized to practice within the laws of the country
where they work and the services they provide are within the scope of that
authorized practice.
Finally, any health care provider from whom the employer or the
employer’s group health plan will accept certification of a serious health
condition for purposes of substantiating a claim for health care benefits also
qualifies. In other words, if your company treats someone as a health care
provider for purposes of allowing or disallowing benefits claims, it must treat
that person as a health care provider under the FMLA.
Example: Your company’s health care plan accepts certifications from chiropractors
documenting a wide variety of employee injuries and ailments, including repetitive
stress disorders, spinal problems, and neck injuries. Steven sees his chiropractor for
pain in his wrists and forearms. After performing a series of tests and physical manipulations,
the chiropractor determines that Steven has carpal tunnel syndrome. The chiropractor
gives Steven some exercises, provides him with braces to wear, and advises
him not to do any typing or other activities that will cause strain for three weeks.
Steven asks for FMLA leave and gives you a medical certification from his chiropractor.
Because Steven’s chiropractor didn’t take any x-rays and isn’t treating Steven
for subluxation of the spine, you intend to tell Steven that he has to get a medical
certification from a different type of health care provider.
But wait—your company’s health care plan accepts certifications from chiropractors
not just regarding subluxation of the spine, but on a broader variety of conditions
and ailments. As a result, Steven’s chiropractor qualifies as a health care provider
under the FMLA, even though he doesn’t meet the usual criteria for chiropractors.
If you question whether Steven’s condition qualifies as a serious health condition,
you are free to request a second opinion (as explained in Chapter 8).
How Much Treatment Is Required
An employee who’s out sick for more than three days does not necessarily
have a serious health condition under the FMLA. To qualify in this category,
the employee’s (or family member’s) condition must also involve continuing
treatment by a health care provider.