Definition of serious health condition

In a recent case influenza has been deemed a serious healthcondition in relation to the Family and Medical Leave Act (FMLA).The FMLA allows employees to take unpaid leave for up to 12 weeksin a rolling 12-month period for either the serious healthcondition of the employee's parent, child or spouse, or theemployee's own serious health condition. A serious healthcondition is defined as an illness, injury or impairment, orphysical or mental condition that involves at least a specificstatutory amount of medical treatment and/or supervision.Although the Department of Labor regulations suggest that the fluis not to be considered a serious health condition, recently in asplit decision judges in the Fourth Circuit Court of Appealsruled that the flu does qualify as a serious health conditionunder the FMLA, and that therefore the employee in question wasentitled to take unpaid leave while she suffered from the flu. Onthe facts of that case the Court found that, since the employeewas unable to work for several consecutive days and requiredcontinuing treatment from a physician, her condition was aserious health condition and she qualified for the leave.

Source: Miller v. AT&T Corp., No. 00-1928 (4th Cir.May 7, 2001). Howard Pianko, Epstein Becker & Green