Under the Family Medical Leave Act, a serious health condition is defined as an overnight hospitalization (including prenatal care), including the period of incapacity or subsequent treatment in connection with the overnight care.
A serious health condition can also be determined from continuous medical treatment for a chronic or long-term condition. Included under this heading are chronic conditions (e.g., asthma, epilepsy, etc.) that continue over an extended period of time and may cause episodic rather than a continuing period of incapacity, as well as conditions that are not usually incapacitating but would result in a period of incapacity of more than 3 consecutive calendar days if medical treatment were omitted (e.g., chemotherapy, kidney dialysis, pregnancy, etc.). See: FMLA - Serious Health Condition
Note that incapacity means the inability to work, attend school, or perform regular daily activities (eating, washing, walking, shopping, etc.,) because of a serious health condition or treatment for or recovery from a serious health condition.
The following are within the definition of "serious health condition" according to the Office of Human Resources Management:
- Alzheimer's disease;
- chronic back conditions;
- cancer;
- diabetes;
- nervous disorders;
- severe depression;
- pregnancy or its complications, including severe morning sickness and prenatal care;
- treatment for substance abuse, multiple sclerosis;
- very serious surgery and recovery;
- emphysema;
- severe arthritis;
- pneumonia; and
- severe injuries on or off the job
An employee is obligated to provide an employer with sufficient notice that FMLA will be required. Whether notice is sufficient in any particular case will be factually dependent. See: Family and Medical Leave Act of 1993, § 2(b)(1), 29 U.S.C.
Notice to an employer of the necessity to take time off for FMLA purposes will be sufficient when it reasonably puts the employer on notice of the employee’s request to take time off for a serious health condition. See: Family and Medical Leave Act of 1993, § 2(b)(1), 29 U.S.C.
When requesting FMLA, an employee does not need to mention the FMLA, but only needs to provide enough information to the employer to put them on notice that FMLA leave is needed. See: 29 CFR § 825.303 - Employee notice requirements for unforeseeable FMLA leave.
Once an employer is on notice that FMLA leave is needed, they have an obligation to inquire further. See: 29 CFR § 825.301 - Designation of FMLA leave. If an employer wants medical certification, they must give specific written notice to the employee and inform them of the consequences of failing to provide the requested medical certification. See: Family and Medical Leave Act of 1993, § 2(b)(1), 29 U.S.C.; 29 C.F.R. Subpart C.
See also JAMES WOODMAN V MIESEL SYSCO FOOD SERVICE CO and The Family and Medical Leave Act (FMLA) & Employees' Legal Rights article by Justia.