A "serious health condition" that entitles an eligible employee for leave under the Family Medical Leave Act, or, as it is commonly known, the FMLA requires the following:

   (1) because of illness the employee is unable to work more than three consecutive calendar days;

   (2) the employee is treated or examined at least once by a healthcare provider related to the illness; and,

   (3) the employee is subjected to a "regimen of continuing treatment" which may include a course of prescription medication.

The requirements for FMLA leave due to a "serious health condition" are specifically set forth at 29 C.F.R. 825.114.  An employee will have to provide medical certification or information to show or substantiate the condition; the employer may require this.

Lexington, Kentucky FMLA lawyer Robert Abell represents individuals and employees in cases under the FMLA; contact him at 859-254-7076.