The Essential Guide to Family & Medical Leave

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chapter 4 | leave for a serious health condition | 67 Is It a Serious Health Condition? Category Requirements Examples Inpatient treatment Incapacity for more than 3 days and continuing treatment Pregnancy/prenatal care Chronic serious health conditions Permanent/long-term incapacity Multiple treatments Overnight stay in a hospital, hospice, or residential medical care facility Incapacity for more than three days and either: • at least two visits to a health care provider, or • one visit to a health care provider and an ongoing regimen of treatment Incapacity due to pregnancy or prenatal care Condition that: • requires periodic visits for treatment • continues over an extended period of time, and • may cause episodic, rather than continuing, incapacity. Permanent or long-term incapacity, under the supervision of a health care provider Treatments for: • restorative surgery after an accident or injury, or • a condition that would require an absence of more than three days if not treated. Inpatient surgery Hospitalization Overnight hospital stay for observation Pneumonia Migraine Chicken pox Mononucleosis Viral infection Severe morning sickness Doctor’s appointments for prenatal care, including OB-GYN visits, sonograms, visits or treatment for complications of pregnancy Medically required bed rest Epilepsy Asthma Diabetes Multiple sclerosis Sickle cell anemia Cancer Alzheimer’s disease Stroke ALS Arthritis treatment Dialysis Chemotherapy Radiation therapy Surgery to reset a broken bone, repair a torn ligament, or treat burns
68 | THE ESSENTIAL GUIDE TO FAMILY AND MEDICAL LEAve Leave for Employee’s Own Serious Health Condition When an employee takes time off for his or her own serious health condition, an additional qualification applies: The employee must not only have a serious health condition as defined above, but must also be unable to perform the functions of his or her job. An employee is unable to perform the functions of the position if the employee cannot work at all or cannot perform one or more of the essential functions of the job, as defined by the Americans With Disabilities Act (ADA). Under the ADA, essential functions are the fundamental duties of the position—those things that the person holding the job absolutely must be able to do. It can be tough to figure out which job duties are essential, unless you already have a job description that designates the essential functions of the position. If you don’t, you’ll need to consider which functions are absolutely necessary to doing the job successfully and which are not. RESOuRCE Need help drafting job descriptions? For detailed guidance on identifying a job’s essential functions and using them to create a legal, effective job description, see The Job Description Handbook, by Margie Mader-Clark (Nolo). The Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADA, looks at these factors in determining whether a function is essential: • the employer’s own assessment of which functions are essential, as demonstrated by job descriptions written before the employer posts or advertises for the position (this caveat is intended to discourage employers from designating essential functions solely to disqualify particular applicants with disabilities from holding the job) • whether the position exists to perform that function • the experience of workers who actually hold that position • the time spent performing that function
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First Edition June 2007 Editor alay
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About the Authors Lisa Guerin is an
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An Overview of Family and Medical L
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Is Your Company Covered by the FMLA
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Company Policies Regarding FMLA Lea
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