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Posted by Todd ( on July 12, 2001 at 11:04:06:

In Reply to: DO CRONIC CLUSTER HEADACHES QUAILFY FOR FMLA posted by WILLAIM WATSON on July 11, 2001 at 21:59:17:

Here's some info on FMLA. Check the link at the bottom for more.


The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for one of three reasons.

To care for a newborn or newly adopted child.

This leave must be taken within 12 months of the birth or adoption of the child. Both mothers and fathers are entitled to this type of FMLA leave, but if both parents work for the same employer, special limits may apply.

To care for a family member with a serious health condition.

Family members include an employee's spouse, minor children and parents. In-laws, and more distant relatives are not immediate family members for FMLA purposes. Employees may, however, take FMLA leave to care for adult children who are incapable of self-care due to a mental or physical disability or to care for a relative or other individual who acted as a parent to the employee in the employee's childhood.

Because of the employee's own serious health condition that makes the employee unable to perform the functions of the employee's job.

Definition of "serious health condition" for FMLA purposes.

Any period of incapacity or treatment in connection with inpatient care. Thus, if the condition requires a stay in the hospital, it's FMLA-qualifying.

Any period of incapacity requiring absence from work for more than 3 days and involving continuing treatment by a health care provider.

Common colds, flu, routine dental work, etc. are normally not serious health conditions, but similar conditions could be if the person has to go to the doctor and is prescribed medicine or other follow-up care and is in fact incapacitated for at least three days.

Continuing treatment for chronic conditions with episodic occurrences like asthma, epilepsy, diabetes, or cancer. Even if an incident of incapacity in connection with these types of chronic illnesses is less than three days, it is still FMLA-qualifying on the theory that treatment is required or the result could be an even greater period of incapacity.

Pregnancy or prenatal care absences qualify.

FMLA leave may be taken intermittently.

FMLA leave need not be taken all at once. An employee may take leave intermittently in order to care for a family member with a serious health condition or due to the employee's own serious health condition.

An employee is not entitled to take intermittent FMLA leave to care for a newborn or newly adopted child. However, the FMLA does not prevent employers from allowing employees to take intermittent leave for this purpose.

Examples of intermittent FMLA leave include leave taken on an occasional basis for medical appointments, or leave taken several days at a time spread over a period of several months for care of a chronic health condition.

An employee may take intermittent leave in days, hours or even partial hours. An employer should credit an employee on an intermittent leave schedule only with the actual amount of leave required. For example, if an employee needs two hours of FMLA leave in order to receive treatment for a chronic condition, the employer cannot force the employee to take an entire day of FMLA leave for that purpose; the employer should only count the time actually needed.

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