3. (§7.45) Serious Health Condition
A “serious health condition” is defined as “an illness, injury, impairment, or physical or mental condition that involves inpatient care . . . or continuing treatment by a health care provider . . . .” 29 C.F.R. § 825.113(a). For purposes of the FMLA, “[i]npatient care” means any overnight stay in a health care facility. 29 C.F.R. § 825.114. Continuing treatment is covered in 29 C.F.R. § 825.115. Treatment includes exams to determine if a serious health condition exists, but it does not include routine physical exams. Section 825.113(c). Likewise, a regimen of continuing treatment that includes taking over-the-counter medications that can be obtained without a visit to a health care provider is not sufficient to constitute continuing treatment for purposes of FMLA. Id. In addition, cosmetic treatments:
are not serious health conditions unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health...
