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FMLA Health Condition Definitions

The United States Department of Labor Family and Medical Leave Act (FMLA) regulations define a "serious health condition" as an illness, injury, impairment, or physical or mental condition that involves one or more of the reasons for absence listed under "Reason for Absence" in the following table.

Reason for Absence	Definition	Examples
Inpatient Care	Any period of incapacity from a condition requiring inpatient care, including recovery from the condition.	Hospitalization Post surgery examinations
Incapacity for more than three consecutive days, including work and non-work days, that includes:	A condition requiring two or more treatments by a health care provider (within 30 days of the first day of incapacity), or, treatment on at least one occasion which results in an ongoing regimen of treatment. The first or only in-person treatment visit must take place within 7 days of the first day of incapacity, unless extenuating circumstances exist.	Examination to evaluate a condition, plus a course of treatment such as antibiotics or physical therapy.
Chronic or permanent conditions	Chronic conditions require periodic visits (at least twice a year) for treatment, continue over an extended period of time and may cause episodic incapacity.	Asthma Diabetes
	Incapacity due to a condition which is not curable but which requires medical supervision.	Terminal illness Multiple sclerosis
	Absences to receive treatment for a chronic condition.	Kidney dialysis
Prenatal treatment and pregnancy	Any period of incapacity due to pregnancy or for prenatal care.	Prenatal doctor visits Absences due to morning sickness Post Partum recovery

FMLA Definitions Related to Covered Service Members

Active Duty

Active duty is defined as duty under a call or order to active duty (or notification of an impending call or order to active duty) in support of a contingency operation of any of the following:

• Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve, or a retired member of the Regular Armed Forces or Reserve
• Suspension of promotion, retirement or separation for certain Reserve components;

An employee whose family member is on active duty as a member of the Regular Armed Forces is not eligible to take leave because of a qualifying exigency. A call to active duty refers to a Federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States in support of a contingency operation.

Contingency Operation

A military operation that is (A) designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or,

(B) results in the call or order to, or retention on, active duty (see above) of members of the uniformed services under section 688, 12301 (a), 12302, 12304, 12305, or 12406 of Title 10, chapter 15 of Title 10> Subtitle A>Part 1, or any other provision of law during a war or during a national emergency declared by the President or Congress.

Covered Service Member

A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary disability retired list, for a serious injury or illness.

Outpatient Status

With respect to a covered servicemember, outpatient status means the status of a member of the Armed Forces assigned to (A) a military medical treatment facility as an outpatient; or, (B) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Next of Kin

The next of kin of a covered servicemember is the nearest blood relative (other than the servicemember’s spouse, parent, son or daughter) in the following order of priority: blood relatives who have been granted legal custody of the servicemember, siblings, grandparents, aunts and uncles, and first cousins, unless the servicemember has designated in writing a different blood relative for purposes of military caregiver leave.

Qualifying Exigency

For purposes of qualifying exigency leave, family members of covered military members called to active duty may take leave for one or more of the following qualifying exigencies: (1) to address any issues which arise from the military member learning of a call or order to duty seven or less calendar days prior to deployment; (2) to attend military events or sponsored family support programs; (3) to arrange for alternative childcare or school attendance, attend childcare or school meetings, or provide childcare on an urgent immediate need basis when necessitated by the call to duty; (4) to make or update financial and legal arrangements to address the military member’s absence, or to serve as the military member’s representative in obtaining, arranging or appealing military service benefits; (5) to attend counseling (not provided by a health care provider) for oneself, the military member, or child of the military member; (6) to spend time (up to 5 days of leave for each instance) with a military member on temporary rest and recuperation leave; (7) to attend post-deployment activities, and (8) any other events which employer and employee agree arise out of the military member’s call to duty, qualify as an exigency, and agree as to  the timing and duration of leave.

Serious Injury or Illness

In the case of a member of the Armed Forces, including a member of the National Guard or Reserves, "serious injury or illness" means an injury or illness incurred in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

Family Care Act Health Condition Definitions

Nature of Absence	Definition
For A Child: Health Condition Requiring Treatment or Supervision	Any medical condition requiring treatment or medication that the child cannot self administer; Any medical or mental health condition that would endanger the child's safety or recovery without the presence of a parent or guardian; or, Any condition warranting treatment or preventive health care such as physical, dental, optical, or immunization services, when a parent must be present to authorize, and when sick leave may otherwise be used for the employee's preventive health care.
Serious Health Condition	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, and any period of incapacity or subsequent treatment or recovery in connection with such inpatient care; Continuing treatment by, or under, the supervision of a health care provider or a provider of health care services, and which includes any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities).
Emergency Condition	A health condition that is a sudden, generally unexpected occurrence, or set of circumstances related to one's health demanding immediate action, and is typically very short-term in nature.
Incapable of Self-care	The individual requires active assistance or supervision to provide daily self-care in several of the "activities of daily living" or instrumental activities of daily living. Activities of daily living include adaptive activities such as caring appropriately for one's grooming and hygiene, bathing, dressing and eating. Instrumental activities of daily living include cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, using a post office, etc.
Physical or Mental Disability	A physical or mental impairment that limits one or more activities of daily living or instrumental activities of daily living.

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