The Essential Guide to Family & Medical Leave

62 | the essential guide to family and medical leave
A continuing regimen of treatment refers only to treatments that require
the participation of a health care provider. For example, taking prescription
medications or engaging in therapies that require special equipment (such
as an oxygen tank) qualify as a regimen of continuing treatment. However,
taking over-the-counter medications or staying in bed does not—even if
that’s just what the doctor ordered—because you could have made these
decisions on your own.
Example 1: John has a sore throat, stuffy nose, and cough. He calls his HMO’s advice
line to find out whether he should see a doctor. The nurse provider who answers
his call tells him that there’s a nasty cold going around and that he should stay in
bed and drink lots of water—there’s no need to come in. John doesn’t have a serious
health condition under the FMLA—he didn’t visit the doctor at all, and he isn’t following
a continuing regimen of treatment.
Example 2: Consuela has the same symptoms as John and goes home sick late
Tuesday morning. Her symptoms worsen, and she decides to visit her doctor on
Thursday. The doctor finds that she has strep throat and prescribes a ten-day course
of antibiotics. Consuela is down for the count until Saturday evening, when she
starts to feel better. Consuela has a serious health condition: She was incapacitated
for more than three days, visited her doctor once, and had a continuing regimen of
treatment.
Example 3: Because most of her employees have been sick, Marta finally comes
down with the dreaded bug. Marta had several bouts with pneumonia as a child, so
she goes to her doctor as soon as she realizes that she’s sick. The doctor finds that
she doesn’t yet have pneumonia, but he also doesn’t like the way her lungs sound.
Marta doesn’t want to take antibiotics unless it’s absolutely necessary, so her doctor
asks her to come back for a follow-up appointment in several days to make sure her
lungs have cleared up. At the second visit, Marta sounds fine; she returns to work
after four days off. Marta has a serious health condition. She was incapacitated for
more than three days, and she made two visits to the doctor.