Medical Certification - Fmla/cfra Page 4
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4Attachment A: Definitions
A “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves one of the
following:
1.
Hospital Care
Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any
period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.
2.
Absence Plus Treatment
A period of incapacity of more than three consecutive calendar days (including 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 (for FMLA only, the two treatments must occur
•
within 30 days ***), by a nurse or physician’s assistant under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral
by, a health care provider; or
Treatment by a health care provider on at least one occasion which results in a regimen of continuing
•
treatment under the supervision of the health care provider.
For FMLA only, the employee’s first treatment must occur within 7 days of first day of incapacity. ***
•
3.
Pregnancy
A period of incapacity due to pregnancy, or for prenatal care.
(Note: An employee’s own incapacity due to pregnancy is covered as a serious health condition under
FMLA but not under CFRA.)
4.
Chronic Conditions Requiring Treatment
A chronic condition which:
a.
Requires periodic visits (for FMLA ONLY periodic means at least two times per year ***) for
treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a
health care provider;
b.
Continues over an extended period of time (including recurring episodes of a single underlying
condition); and
c.
May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
5.
Permanent/Long-Term Conditions Requiring Supervision
A period of incapacity that is permanent or long-term due to a condition for which treatment may not be
effective. The employee or family member must be under the continuing supervision of, but need not be
receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the
terminal stages of a disease.
6.
Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health
care provider or by a provider of health care services under orders of, or on referral by, a health care provider,
either for restorative surgery after an accident or other injury, or for a condition that would likely result in a
period of incapacity of more than three consecutive calendar days in the absence of medical intervention
treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), kidney disease
(dialysis).
*** California law does not include these time limitations. If a leave is FMLA/CFRA, follow the California law without
these time limitations.
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