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. The “continuing treatment” test for a serious health condition under the
regulations may be met through (1) a period of incapacity of more than three consecutive,
full calendar days plus treatment by a health care provider twice, or once with a
continuing regimen of treatment, (2) any period of incapacity related to pregnancy or for
prenatal care, (3) any period of incapacity or treatment for a chronic serious health
condition, (4) a period of incapacity for permanent or long-term conditions for which
treatment may not be effective, or (5) any period of incapacity to receive multiple
treatments (including recovery from those treatments) for restorative surgery, or for a
condition which would likely result in an incapacity of more than three consecutive, full
calendar days absent medical treatment.
The regulations specify that if an employee asserts a serious health condition under the
requirement of a “period of incapacity of more than three consecutive, full calendar days
and any subsequent treatment or period of incapacity relating to the same condition,” the
employee’s first treatment visit (or only visit, if coupled with a regimen of continuing
treatment) must take place within seven days of the first day of incapacity. Additionally,
if an employee asserts that the condition involves “treatment two or more times,” the two
visits to a health care provider must occur within 30 days of the first day of incapacity.
Finally, the regulations define “periodic visits” for treatment of a chronic serious health
condition as at least twice a year.
