The Essential Guide to Family & Medical Leave

chapter 4 | leave for a serious health condition | 65
severe; she sometimes has to take all or part of Wednesday off, and sometimes she
even feels sick Monday afternoon and Tuesday morning, in anticipation of her treatment.
All of this time—the time she actually spends getting chemotherapy and the
time during which she is incapacitated by her treatment—is FMLA-protected leave.
Conditions That Are Not Typically Covered
The FMLA does not create hard-and-fast rules that particular illnesses or
diseases are always, or never, serious health conditions. Instead, the facts
of each situation are considered individually. After all, one person might
breeze through a bout of bronchitis without missing more than a day
of work; another with the same illness might have to be hospitalized for
complications. In this situation, the first person would not have a serious
health condition, but the second would.
Nevertheless, there are certain ailments that don’t typically qualify as
serious health conditions. These include:
• cosmetic treatments (other than for restorative purposes) unless
complications arise or inpatient care is required
• colds and flu
• ear aches
• upset stomachs and minor ulcers
• headaches other than migraines, and
• routine dental or orthodontic problems or periodontal disease.
This doesn’t mean you can automatically exclude these conditions from
FMLA coverage. Again, it depends on the facts. One person’s headache
might be the result of eye strain or sinus congestion; another’s might be a
symptom of a brain tumor. Breast enhancement plastic surgery would not be
covered if it is purely cosmetic; reconstructive surgery after a mastectomy or
breast reduction surgery necessary to relieve severe back pain, on the other
hand, is likely covered.