Department of Human Resources

FAMILY MEMBER FMLA LEAVE

COVERS: The serious health condition of a parent, child, or spouse

Family Member FMLA Leave: Guidelines for Employee

Family Member FMLA Leave: Guidelines for Supervisor

DEFINITIONS

PARENT: A biological parent or an individual who stands or stood in loco
parentis to an employee when the employee was a son or daughter as defined below. This term does not include parents "in law".

CHILD: A biological, adopted, or foster child, a step child, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and "incapable of self-care because of a mental or physical disability."

SPOUSE: A husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in States where it is recognized.

SERIOUS HEALTH CONDITION: For the purposes of FMLA, a "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

1. Inpatient care in a hospital, hospice, or residential medical care facility.

2. Continuing treatment by a health care provider including:

(a) a period of incapacity which is the inability to work for more than three consecutive calendar days, and any subsequent treatment or period of incapacity that also involves

(b) treatment two or more times by a health care provider or treatment which results in a regimen of continuing treatment; incapacity due to pregnancy; a period of incapacity due to a chronic serious health condition which is one which requires periodic visits for treatment, continues over an extended period of time, may cause episodic incapacity or a period of incapacity which is permanent or long-term for which treatment may not be effective; any period of absence to receive multiple treatments.

HEALTH CARE PROVIDER: A doctor of medicine or osteopathy authorized to practice medicine or surgery; others "capable of providing health care services" including: podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse, practitioners, nurse-midwives, clinical social workers, Christian Science practitioners and any health care provider from whom an employer or employer's group health plan will accept certification of serious health condition to substantiate a claim for benefits.