A serious health condition can involve some or all of the following: Conditions that require inpatient care in a hospital, hospice, or residential medical care facility Conditions that incapacitate an employee or employee’s family member for more than three consecutive days and require ongoing medical treatment
Full Answer
What is considered a serious health condition?
A serious health condition can involve some or all of the following: Conditions that require inpatient care in a hospital, hospice, or residential medical care facility Conditions that incapacitate an employee or employee’s family member for more than three consecutive days and require ongoing medical treatment
What is not covered by a serious health condition?
A serious health condition is not intended to cover short-term condit ions for which treatment and recovery are very brief, such as common cold, influenza, earaches, upset stomach, headaches (other than migraines), and/or routine dental or orthodontia problems unless complications arise. Page rating loading... How helpful was this page?
What does it mean when a patient is in good condition?
This means there are no major active medical issues and the patient’s basic vital functions are not fluctuating or in need of support. There are a host of other terms (you may have heard "good" and "satisfactory" as well, for example), but these are more or less judgment calls without clear definitions.
Is it better to be in critical condition or serious condition?
So, you’re definitely thought to be better off in "serious" condition than in "critical" condition, but you’re not ready to go run a marathon, or for that matter shuffle to the bathroom. Another term you’ve probably heard is "stable," as in, "the patient is in serious but stable condition."
What is considered a serious health condition?
Section 101(11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or. continuing treatment by a health care provider.”
What is a serious health condition under CFRA?
A serious health condition is an illness, injury, impairment, or physical or mental condition that causes or requires: Any period of incapacity or treatment in connection with, or after inpatient care.
Is a serious health condition the same as a disability?
No. An FMLA "serious health condition" is not necessarily an ADA "disability." An ADA "disability" is an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
Is pregnancy considered a serious health condition?
Yes. The birth of a child, or complications relating to childbirth or pregnancy, would qualify under FMLA as a serious health condition.
Is Covid a serious health condition under CFRA?
COVID-19 can qualify as "a serious health condition" sufficient to trigger CFRA protection if it results in inpatient care or continuing treatment or supervision by a health care provider, she explained.
Is the flu considered a serious health condition?
Yes; several courts have held that the flu may qualify for FMLA protection when the illness meets the definition of a serious health condition.
Is a medical condition a disability?
If your medical condition, or its equivalent, is on SSA's Listing of Impairments, then you're generally considered disabled and therefore eligible to receive SSA disability benefits. If your medical condition is not on the list, you may still be eligible under other SSA guidelines.
What is the difference between a medical condition and a disability?
Generally speaking, an impairment is an actual condition, while a disability is the restriction of ability caused by the condition. Generally speaking, a condition simply indicates a state of health; however when related to a temporary or ongoing illness might be further classified as a disease or a disorder.
What medical conditions qualify for disability?
Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.
What happens if your pregnant and don't qualify for FMLA?
Employees who need time off to give birth and tend to their newborns, but do not qualify for FMLA leave, may have rights under the Pregnancy Discrimination Act. The law requires employers who establish policies for granting leave to temporarily disabled employees to extend those same rights to pregnant women.
Is arthritis a serious health condition under FMLA?
severe arthritis; pneumonia; and. severe injuries on or off the job.
What is considered a chronic condition for FMLA?
Chronic Conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition that requires periodic visits (at least twice per year) to a health care provider, continues over an extended period of time and may cause episodic rather than a continuing period of incapacity.
What are the most serious health conditions?
The following are within the definition of "serious health condition": 1 Alzheimers disease; 2 chronic back conditions; 3 cancer; 4 diabetes; 5 nervous disorders; 6 severe depression; 7 pregnancy or its complications, including severe morning sickness and prenatal care; 8 treatment for substance abuse, multiple sclerosis; 9 very serious surgery and recovery; 10 emphysema; 11 severe arthritis; 12 pneumonia; and 13 severe injuries on or off the job
What is overnight hospitalization?
Overnight hospitalization (including prenatal care), including the period of incapacity or subsequent treatment in connection with the overnight care. Continuing treatment (for a chronic or long-term condition) under the care or supervision of a health care provider.
What are the complications of pregnancy?
pregnancy or its complications, including severe morning sickness and prenatal care; treatment for substance abuse, multiple sclerosis; very serious surgery and recovery; emphysema; severe arthritis; pneumonia; and. severe injuries on or off the job.
What are the conditions that are considered chronic?
Chronic conditions: Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: 1 Continues over an extended period of time, including recurring episodes of a single underlying condition; 2 Requires periodic visits to a health care provider; and 3 May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy 4 Permanent/Long-term: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider, including 5 Alzheimer’s, a severe stroke, or the terminal stages of a disease; or 6 Multiple treatments: Any period of absence to receive multiple treatments, including any period of recovery from the treatments. 7 Substance abuse may be a serious health condition if the treatment meets other requirements in this definition.
What is incapacity in health?
Incapacity means an inability to work, attend school, or perform other regular daily activities because of a serious health condition, treatment of that condition or recovery from it, or subsequent treatment. Pregnancy: Any period of incapacity due to pregnancy, or for prenatal care.
What is the term for a period of incapacity that is permanent or long term?
May cause episodic rather than a continuing period of incapacity, including asthma, diabetes, and epilepsy. Permanent/Long-term: A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective.
What is inpatient care?
Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity; or. Continuing treatment by a healthcare provider including any of the following: Incapacity: A period of incapacity of more than three consecutive days and subsequent treatment or period of incapacity relating to the same condition. ...
Can a family member receive multiple treatments?
The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider, including. Multiple treatments: Any period of absence to receive multiple treatments, including any period of recovery from the treatments.
Is substance abuse a serious health condition?
Substance abuse may be a serious health condition if the treatment meets other requirements in this definition.
What is the risk of children with underlying medical conditions?
Children with underlying medical conditions are at increased risk for severe illness compared to children without underlying medical conditions. Current evidence on which underlying medical conditions in children are associated with increased risk is limited. Current evidence suggests that children with medical complexity, with genetic, neurologic, ...
Do not delay getting emergency care for your medical condition?
Do not delay getting emergency care for your medical condition because of COVID-19. Emergency departments have infection prevention plans to protect you from getting COVID-19 if you need care.
Can you get sick from smoking cigarettes?
Being a current or former cigarette smoker can make you more likely to get severely ill from COVID-19. If you currently smoke, quit. If you used to smoke, don’t start again. If you’ve never smoked, don’t start.
Can you change your treatment plan without talking to your healthcare provider?
Continue your medicines and do not change your treatment plan without talking to your healthcare provider.
Can you get sick from a bone marrow transplant?
Having had a solid organ or blood stem cell transplant, which includes bone marrow transplants, can make you more likely to get severely ill from COVID-19.
What is considered a serious health condition?
According to the Department of Labor website: “‘Serious health condition’ means an illness, injury, impairment, or physical or mental condition that involves: Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or.
Do you have to have a medical certification for FMLA?
As you can see, the requirements for having a serious health condition are actually rather straightforward. It is up to the employer whether it chooses to require medical certification at the beginning of an FMLA leave for a serious health condition . If the employer chooses to do so, there are rules around the medical certification as well.
What is critical condition?
As one doc told me, critical condition, by definition, requires care in a critical care or intensive care unit. In general, it’s the worst condition (other than, obviously, DOA) a patient can be in, with a high risk of death within the next 24 hours.
What does it mean to be upgraded to serious?
Being upgraded to "serious" means there is a lower likelihood of death within 24 hours, but the patient still requires close observation. So, you’re definitely thought to be better off in "serious" condition than in "critical" condition, but you’re not ready to go run a marathon, or for that matter shuffle to the bathroom.
What does "stable" mean in medical terms?
Another term you’ve probably heard is "stable," as in, "the patient is in serious but stable condition.". This means there are no major active medical issues and the patient’s basic vital functions are not fluctuating or in need of support.
Can a hospital give out medical records without permission?
Also, hospitals can’t give out details of medical records without the patient’s or family’s permission.