11/09/2013 // Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse

While the Family and Medical Leave Act has been in place now for more than twenty years, employers still encounter situations every year that prompt them to reach out to employment law counsel. One common question concerns whether an employee’s medical condition should be considered a qualifying condition under the law.

To qualify as a medical condition that enables a person to take FMLA leave, a health care provider must determine that the condition renders the employee unable to work at all or unable to perform one or more of the essential functions of the employee’s job.

According to the United States Department of Labor, the most common health conditions that qualify an employee for FMLA leave are:

• conditions that require an overnight hospital stay; • conditions that incapacitate an employee for more than three consecutive days and that require ongoing medical treatment; • chronic conditions that cause occasional periods when an employee is incapacitated and requires treatment by a health care provider at least twice a year; and • pregnancy (including prenatal visits, incapacity due to morning sickness, and medically required bed rest).

To learn more about handling employees’ requests for FMLA leave, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.

Contact Keith Clouse

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722 214.220.3833 ( fax) keith@clousedunn.com

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