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FMLA qualified? Federal Florida

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  • FMLA qualified? Federal Florida

    An employee has been out since 3/1 due to neck sprain . Has seen doctor twice for treatment since that date. Was provided w/restrictions and is now out of work until 3/18. Does this qualify for FMLA?

  • #2
    Appears to meet the definition of serious health condition, assuming he meets the other criteria.

    Serious Health Condition

    "Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves:

    any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; or
    a period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; or any period of incapacity due to pregnancy, or for prenatal care; or
    any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or
    a period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.); or, any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result in incapacity of more than three consecutive days if left untreated (e.g., chemotherapy, physical therapy, dialysis, etc.).
    http://www.dol.gov/whd/regs/compliance/1421.htm#2f

    Is there a reason you think it may not?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I thought he would qualify but wanted to verify. I have been reading and re-reading so much stuff this week that my head is spinning. Thank you!

      Comment


      • #4
        Things like sprains and strains are borderline and it is going to depend on the treatment rendered and the severity. A minor strain/sprain the person treats at home or gets checked out once and is told to rest a few days would not be FMLA. One that takes them out of work for 3 weeks, would tend toward qualifying for FMLA. Chances are that they either had to follow up with the doctor or are under some sort of ongoing regimine of care such as PT.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Thank you Elle!

          Comment

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