Under the regulations, employees continue to be able to use FMLA leave for any
period of incapacity or treatment due to a chronic serious health condition. The
regulations continue to define a chronic serious health condition as one that (1) requires
“periodic visits” for treatment by a health care provider or nurse under the supervision of
the health care provider, (2) continues over an extended period of time, and (3) may
cause episodic rather than continuing periods of incapacity. The regulations clarify this
definition by defining “periodic visits” as at least twice a year.
