Family Medical Leave Act

questions & answers

Question: I've heard that you can use FMLA "days' for various reason such as PTSD, Migraines and such. Is this true/valid? I don't see this sort of description under the act itself.If covered under this I heard you were protected for one year where you cannot be fired for taking various days off due to a short term illness.

Answer:

Information about the Family Medical Leave Act  can be found on the United States Department of Labor's website.

The United States Department of Labor states the following:

"The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor."

The Family Medical Leave Act Fact Sheet states the following about illness:

"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:

• Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, including any period of incapacity (i.e., inability to work, attend school, or perform other regular daily activities) or subsequent treatment in connection with such inpatient care; or

• Continuing treatment by a health care provider, which includes:

(1) A period of incapacity lasting more than three consecutive, full calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also includes:

• treatment two or more times by or under the supervision of a health care provider (i.e., in-person visits, the first within 7 days and both within 30 days of the first day of incapacity); or

• one treatment by a health care provider (i.e., an in-person visit within 7 days of the first day of incapacity) with a continuing regimen of treatment (e.g., prescription medication, physical therapy); or

(2) Any period of incapacity related to pregnancy or for prenatal care. A visit to the health care provider is not necessary for each absence; or

(3) Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence; or

(4) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. Only supervision by a health care provider is required, rather than active treatment; or

(5) Any absences to receive multiple treatments for restorative surgery or for a condition that would likely result in a period of incapacity of more than three days if not treated.

 

QUESTIONS

  • I've heard that you can use FMLA "days' for various reason such as PTSD, Migraines and such. Is this true/valid? I don't see this sort of description under the act itself.If covered under this I heard you were protected for one year where you cannot be fired for taking various days off due to a short term illness.

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