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Serious Health Condition

Frequently Asked Questions - Serious Health Condition

The material contained herein is intended to be advisory in nature. It does not create any rights not otherwise conferred upon state employees by Indiana statute, executive order, or administrative rules. Similarly, it does not impose any obligation upon state agency, supervisor, or any other state representative not otherwise mandated by applicable law.

For additional information visit http://www.dol.gov/

What is a "Serious Health Condition"?
A serious health condition involves inpatient care at a hospital (overnight); an incapacity followed by continuing treatment by a health care provider; pregnancy; chronic conditions requiring treatment; permanent/long-term conditions requiring supervision by a health care provider; and/or multiple treatments for a non-chronic condition. Generally, an incapacity of three days or less is not a serious health condition, unless the incapacity is due to an episode or flare-up of a chronic condition. Eg. An asthma attack may not last more than three days, but asthma is a serious chronic condition, so an absence due to an asthma attack would be a qualifying FML event even if it lasted less than three days. However, an absence for a common illness with an anticipated short recovery period is not FML, even if it lasts longer than three days.

My condition will last a lifetime, why must I submit new paperwork every year?
FML is available only for a designated twelve-month period; therefore, a new request and certification is required for each designated twelve-month period. We have designated the fiscal year (July 1 - June 30) as our twelve-month period.

In addition, if the circumstances or the manner in which you are taking FML changes during the fiscal year, you can be required to submit a re-certification to explain the medical necessity for the change.

May I take leave for visits to a physical therapist, if my doctor prescribes therapy?
Yes, FML permits you to take leave to receive "continuing treatments by a health care provider," which can include recurring absences for therapy treatments such as those ordered by a doctor for physical therapy after a hospital stay or for treatment of severe arthritis. Employees needing intermittent FML leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt the employer's operations.

Can I be designated as being on FML leave even if I don't want my time off to be counted as FML leave?
Yes, if sufficient facts are presented to determine that your leave is due to an FML qualifying situation, such as a serious health condition.