FMLA Eligibility – Info HR


Is a crushed toe considered a serious health condition under the ?

The federal Family & Medical Leave Act (FMLA)entitles eligible employees of covered employers up to 12 weeks of unpaid, job protected leave for certain family and medical reasons. FMLA leave can be taken in one continuous block or intermittently or on a reduced leave schedule under certain circumstances.

A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider.

According to the DOL, the “continuing treatment” test for a serious health condition under the regulations may be met through

  • a period of incapacity of more than three consecutive, full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment,
  • any period of incapacity related to pregnancy or for prenatal care,
  • any period of incapacity or treatment for a chronic serious health condition,
  • a period of incapacity for permanent or long-term conditions for which treatment may not be effective, or
  • any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than three consecutive, full calendar days absent medical treatment.

If there is any uncertainty whether the employee’s condition meets the criteria for a serious health condition, it’s best to initiate the notification process. Send the notification and certification forms to the employee and let the health care provider determine whether a serious health condition exists.


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