The Essential Guide to Family & Medical Leave

64 | the essential guide to family and medical leave
Some mental conditions—such as major depression and bipolar disorder—
might also qualify under this part of the definition. Often, these conditions
are long-term, episodic, and require ongoing treatment but can be largely
controlled with medication. Again, you won’t have to make the final call—
you’ll just need to recognize the possibility when the employee requests leave.
Permanent or Long-Term Incapacity
Someone who is incapacitated permanently or for the long term by a condition
that is not necessarily amenable to treatment has a serious health condition,
as long as he or she is under the supervision of a health care provider.
Actual treatment is not required to qualify under this part of the definition; it
is enough that the person’s care is supervised by a health care provider.
Examples of conditions that might fall into this category are Alzheimer’s
disease, terminal cancer, or advanced amyotrophic lateral sclerosis (also
known as ALS or Lou Gehrig’s disease).
Multiple Treatments
Someone who is absent for multiple treatments has a serious health
condition if the treatments are for
• restorative surgery after an accident or injury, or
• a condition that would require an absence of more than three days if not
treated.
Examples of conditions that might qualify in the first subcategory
include surgery to reset a broken limb or repair a torn ligament. The
second subcategory includes treatments for severe arthritis, dialysis for
kidney disease, and cancer treatment. (Of course, cancer might qualify as
a serious health condition under other categories as well—for example, if
hospitalization and/or surgery were required.)
Example: Geri has been diagnosed with breast cancer. She had a lumpectomy and
is undergoing chemotherapy. Every Tuesday afternoon, she goes in for treatment. The
treatment takes several hours, and she often feels too nauseated to return to work
afterward. As her therapy progresses, her reaction to the treatment becomes more