The Essential Guide to Family & Medical Leave

chapter 4 | leave for a serious health condition | 63
Pregnancy or Prenatal Care
Incapacity due to pregnancy or for prenatal care qualifies as a serious health
condition. The employee need not be out for more than three days nor
actually visit a doctor to fall into this category—as long as she is unable to
work or perform other regular, daily activities because of her pregnancy, she
has a serious health condition. So, for example, a woman who suffers severe
morning sickness or is ordered by her doctor to spend the last month of her
pregnancy on bed rest qualifies under this part of the definition.
Visits to the doctor for prenatal care also fall within this category. The
woman need not be incapacitated or suffering from medical complications to
qualify; even routine check-ups qualify for leave.
Chronic Serious Health Condition
Chronic serious health conditions are also covered by the FMLA. A chronic
serious health condition:
• requires periodic visits for treatment
• continues over an extended period of time, and
• may cause episodic, rather than continuing, incapacity.
These conditions needn’t cause incapacity for more than three days, nor
must they involve continuing treatment. Instead, this category is intended
to encompass long-lasting conditions that require ongoing management and
treatment, such as diabetes, epilepsy, or asthma.
Example: Raymond has multiple sclerosis (MS), a disease of the central nervous
system that can cause loss of vision, extreme fatigue, muscle weakness, loss of coordination,
and other neurological problems. He is generally able to care for himself and
work, with the help of a cane to walk steadily and medications to control his symptoms.
On occasion, however, his symptoms become more severe and confine him to
his bed. Raymond’s daughter, Cheryl, requests time off to care for her father when his
symptoms become exacerbated. Is her leave protected by the FMLA?
Most likely, assuming she met the requirements for caring for a family member
(discussed below). Because Raymond’s MS requires periodic treatment, is a permanent
condition, and causes episodic incapacity, it qualifies as a chronic serious health
condition.