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 U.S.C. § 2611(11); 29 C.F.R. § 825.114. Health care providers include MDs, DOs, and “any other person determined by the Secretary [of Labor] to be capable of providing health care services.” 29 U.S.C. § 2611(6). For purposes of the FMLA, “[i]npatient care” means any overnight stay in a health care facility such as a hospital, hospice, or residential medical care facility. 29 C.F.R. § 825.114(a).
“Continuing treatment” under the FMLA includes any of the following:
- “A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom) of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, that also involves:”
- treatment two or more times by a health care provider; or
- ...
