Page 412 - 2024 Orientation Manual
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For purposes of the FMLA, a “serious health condition” includes an illness, injury, impairment or
physical or mental condition that involves an overnight stay in a hospital or medical care facility and
any period of incapacity or subsequent treatment related to the same condition or “continuing
treatment” by a health care provider. “Continuing treatment” may be established under any of the
following circumstances:
Short-term incapacity for more than three full consecutive calendar days that also involves one
of the following:
o Treatment by a health care provider on at least one occasion with a continuing regimen
of treatment under the health care provider’s supervision. The visit to the health care
provider must be in-person within seven days of the first day of incapacity.
o Treatment two or more times by a health care provider. The first visit to the health care
provider must be in-person within seven days of the first day of incapacity and the
second treatment must take place within 30 days of the first day of incapacity and must
be determined by the health care provider.
Pregnancy or prenatal care;
Chronic serious health condition (such as asthma, diabetes, epilepsy) which require periodic
visits for treatment by a health care provider at least twice a year;
Permanent or long-term incapacity (such as Alzheimer’s, severe stroke, terminal stages of a
disease); or
Absence to receive multiple treatments for restorative surgery after an accident or injury or a
condition that would likely result in an incapacity of three or more days if not treated (such as
cancer, severe arthritis, kidney disease).
As noted, eligible Employees with a spouse, child, or parent on covered active military duty, notified
of an impending call to covered active duty or order to covered active duty in support of a contingency
operation, may use their 12-week leave entitlement to address certain qualifying exigencies. FMLA
leave may also be taken by an eligible Employee who is a spouse, child, parent, son, daughter, or
eligible next of kin of a covered service member to care for the service member.
Military Caregivers: If you are the spouse, parent, son, daughter or eligible next-of-kin of a covered
service member, you may be eligible for a maximum of 26 weeks of unpaid leave during a 12-month
measuring period if the purpose of your leave is to care for the covered service member.
• Your 12-month measuring period starts on the day you begin military caregiver leave and ends
12 months later.
• A “covered service member” is: (i) a veteran who was discharged within the five-year period
ending on the date your leave begins, whose discharge was not dishonorable, and who has a
serious illness or injury that occurred or was aggravated in the line of duty; or (ii) an active
service member who has a serious illness or injury that occurred or was aggravated in the line
of duty.
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