What Counts as a "Serious Health Condition" Under FMLA?

Introduction

FMLA protects leave for a "serious health condition"—but what does that actually mean? A bad cold probably doesn't qualify, but how serious is serious enough? Let's break down the legal definition.

The Legal Definition

Under FMLA, a **serious health condition** means an illness, injury, impairment, or physical or mental condition that involves:

1. **Inpatient care** - Any overnight stay in a hospital, hospice, or residential medical facility, OR 2. **Continuing treatment** by a healthcare provider

What Qualifies as "Continuing Treatment"

### Incapacity Plus Treatment - More than **3 consecutive calendar days** of incapacity - PLUS treatment by a healthcare provider (2+ visits within 30 days, OR one visit plus ongoing treatment like prescription medication)

### Pregnancy - Any period of incapacity due to pregnancy or prenatal care

### Chronic Conditions - Conditions requiring periodic treatment (at least 2 visits per year) - Examples: Asthma, diabetes, epilepsy, migraines

### Permanent/Long-term Conditions - Conditions that are incurable but require supervision - Examples: Alzheimer's, severe stroke, terminal illness

### Multiple Treatments - Conditions requiring multiple treatments for restorative surgery or conditions that would be incapacitating without treatment - Examples: Chemotherapy, dialysis, physical therapy after surgery

Common Examples

| Likely Qualifies | Probably Doesn't Qualify | |-----------------|-------------------------| | Cancer treatment | Common cold | | Surgery + recovery | Routine flu | | Severe anxiety/depression | Minor headache | | Pregnancy complications | Routine dental work | | Broken bone requiring PT | Sprained ankle (no incapacity) | | Chronic migraines | Occasional back pain |

The "Incapacity" Requirement

Incapacity means you cannot work, attend school, or perform regular daily activities. For the 3-day rule: - Days don't have to be workdays - Includes weekends and holidays - Must be consecutive

Mental Health Conditions

Yes, mental health conditions can qualify if they meet the criteria: - Severe depression requiring treatment - Anxiety disorders with ongoing care - PTSD with continuing treatment

The key is documentation from a mental health professional.

Conclusion

If you're unsure whether your condition qualifies, the best approach is to have your healthcare provider complete the FMLA certification form. They'll document the nature of the condition and treatment required.

**Get your form:** Use our [Form Finder](/forms) to get the right certification.

*LEGAL DISCLAIMER: The information provided on this website is for general informational purposes only and is not intended to be legal advice. Nothing on this site should be taken as legal advice for any individual case or situation. Consult with a qualified employment attorney or your HR department for guidance specific to your circumstances.*