10.4.3 Qualifying Health Conditions

FMLA leave is limited to “serious” health conditions. This means an illness, injury, impairment, or condition that involves inpatient care or continuing treatment by a recognized health care provider. An employee need not be physically unable to work. An employer may require certification by a health professional, second or even third opinions at the employer’s expense, and re-certifications on a reasonable basis. Leave may be intermittent when medically necessary and not unduly harmful to the employer’s business. Employers may require, or employees may elect, to use up paid leave first.

Disclaimer: The articles in the Gillis Long Desk Manual do not contain any legal advice.