This article, the second in a series of three, defines must-know terminology related to the Family and Medical Leave Act (FMLA) of 1993. Part 1 discussed the fundamental components of the FMLA and Part 3 will explore the Act's relationship with other laws.
The Family and Medical Leave Act (FMLA) of 1993 is a federal law designed to help employees balance their work responsibilities with family and medical needs. When certain requirements are met, workers may take up to 12 weeks of unpaid leave with guaranteed health benefits and job restoration.
To fully comprehend your obligations as an employer (or rights as an employee) under the law, you must first be familiar with several key phrases.
- Serious health condition refers to an illness, injury, impairment or physical or mental condition that involves:
- Any period of incapacity or treatment connected with inpatient care (overnight stay or day surgery) in a hospital, hospice or residential medical care facility; or
- Any period of incapacity:
- Requiring absence of more than three calendar days from work, school or other regular daily activities; and
- Involving continuing treatment by or under the supervision of a health care provider; or
- Continuing treatment by or under the supervision of a health care provider for:
- A chronic or long-term health condition that is:
- Incurable; or
- So serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or
- Prenatal care.
- A chronic or long-term health condition that is:
- Incapacity refers to the inability to perform the essential functions of a job, attend school or perform other regular daily activities.
- Continuing treatment refers to either:
- Two or more treatments by a health care provider; or
- One treatment by a health care provider followed by a "regimen of treatment" - such as prescription medication - under his or her supervision.
- Health care providers who are qualified to give FMLA medical certification - provided that they are appropriately licensed and performing within the scope of their duties - are:
- Physicians
- Doctors of medicine (M.D.)
- Doctors of osteopathy (D.O.)
- Podiatrists
- Dentists
- Clinical psychologists
- Clinical social workers
- Optometrists
- Nurse practitioners
- Nurse midwives
- Chiropractors and Christian Science practitioners (with certain limitations)
- Physicians
- Immediate family members refers to an employee's:
- Husband or wife (including "common law" spouse if recognized by the employee's state of residence)
- Children
- Biological, adopted, foster, step or legal ward
- Up to the age of 18 (unless "incapable of self-care" due to mental or physical disability)
- Parents
- Biological or "in loco parentis"
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