What Qualifies as a ‘Serious Health Condition’ Under FMLA?
The following checklist provides a sample of court rulings on specific facts relevant to what
constitutes a serious health condition. Much depends on the employee’s specific circumstances at
the time leave is requested. Employers may want to consider seeking legal counsel for assistance
in making certain leave determinations.
Employers, remember: The processes necessary to diagnose and treat illnesses ruled to be
serious health conditions under FMLA — and not the names of the illnesses themselves — are
keys to understanding and qualifying a condition for leave. Under different circumstances, many
of these conditions could have been ruled to be serious health conditions — or not — for
purposes of taking FMLA leave.
Serious Health Conditions (as determined by a sample of court rulings)
 No diagnosis (based on impact of
Yes
symptoms and scope of treatment)
 Alcoholism (when treatment causes
 Pregnancy (based on risk
incapacity)
assessment)
 Asthma, bronchitis
 Respiratory infection
 Atrial fibrillation
 Stomach inflammation
 Back injury
 Ulcer
 Back pain (chronic, requiring
medication)
 Chicken pox
 Depression (requiring hospitalization
or a rare, major depressive episode)
 Foot injury (necessitating surgery)
 Gastritis
 Hypertension
 Influenza (flu, as determined by the
informed discretion of medical
doctors)
 Kidney failure
No
 Anxiety
 Beating, injuries resulting from
 Carpal tunnel syndrome
 Chest pain
 Contusion, nasal
 Eczema
 Pregnancy (with no complications)
 Fibromyalgia
 Shortness of breath
 Food poisoning
 Shoulder injury
 Hematochezia (bloody stools)
 Stomach virus
 Hemorrhage, subconjunctival
 Stress
 Influenza (brief episode of flu-like
 Tendinitis
symptoms)
 Tooth extraction, routine
 Kidney disease
 Urinary tract conditions
 Menopause
 Vaginal bleeding
 Panic attacks
 Personality disorder
FMLA Serious Health Condition Checklist — Qualifying Circumstances
A serious health condition means an illness, injury, impairment or physical or mental condition
that involves “inpatient care” (an overnight stay in a hospital, hospice or residential medical care
facility or any subsequent treatment in connection with the inpatient care) or “continuing
treatment by a health care provider.”
If any ONE of the lines is checked, the individual may qualify if he or she is eligible for leave
and can provide certification.
INPATIENT CARE
___1A. Overnight stay in a hospital, hospice or residential medical care facility
___1B. Any period of incapacity or subsequent treatment in connection with an overnight stay in
the type of facility listed above.
CONTINUING TREATMENT
___2A. Incapacity lasting more than three consecutive calendar days and that involves (a) two or
more treatments by or under the supervision, orders or referral of a health care provider OR (b)
one treatment by a health care provider followed by a regimen of continuing treatment (for
example, prescription medication or therapy with specialized equipment but not over-the-counter
medications or salves, bed rest, fluid intake or exercise).
(Note: employee need not be absent from work for more than three calendar days)
___2B. Any period of incapacity or subsequent treatment relating to above condition.
___3. Any period of incapacity due to pregnancy (including severe morning sickness) or for
prenatal care.
___4. Incapacity or treatment for a chronic serious health condition, which is one that (a)
requires periodic visits for treatment by or under the direct supervision of a health care provider;
AND (b) continues over an extended period (including recurring episodes); AND (c) may be
episodic (e.g. asthma, diabetes, epilepsy).
___5. Permanent or long term incapacity for which treatment may be ineffective and which
requires the supervision of, but not necessarily treatment by, a health care provider (e.g.,
Alzheimer’s, severe stroke, terminal states of disease).
___6A. Absence(s) to receive multiple treatments by or under the supervision, orders or referral
of a health care provider for (a) restorative surgery after an accident or injury; OR (b) a
condition that is likely to result in incapacity of more than three consecutive calendar days
without medical intervention or treatment (e.g., cancer, severe arthritis, kidney disease).
___6B. Any period of recovery relating to the above treatments.
Source: Constangy, Brooks & Smith, LLC, Birmingham, AL
Note: The FMLA is a complicated law, with many confusing requirements on an employer’s obligation to
provide leave for a variety of circumstances. The Family and Medical Leave Handbook collects the
information you need to navigate the twists and turns of the law. See ¶240 and ¶300 in the Guide for
more information about types of leave and employer obligations.
The information above and the content in our publications are not intended to constitute legal
advice. Should you require legal advice, you should consult an attorney.