FMLA Definitions
Definitions:
Serious Health Condition – an illness, injury, impairment, or physical or mental condition that involves:
- Inpatient care in a hospital, hospice or residential medical facility, including any period of incapacity, or any subsequent treatment in connection with such impairment; or
- Continuing treatment by a health care provider involving one or more of the following:
- A period of incapacity as defined above of more than three consecutive days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:
- Treatment two or more times by a health care provider
- Treatment on at least one occasion resulting in a regime of continuing treatment under the supervision of the health care provider (i.e. prescription, physical therapy, etc.)
- Any period of incapacity due to pregnancy or for prenatal care, even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence doe not last more than three days (prenatal examinations, severe morning sickness)
- Any period of incapacity or treatment due to “chronic serious health condition,” even when the employee or family member does not receive treatment from a health care provider during the absence and even if the absence does not last three days or more, which is defined as:
- Requiring periodic visits or treatment by a health care provider.
Continuing over an extended period of time (including recurring episodes of a single underlying condition which may cause episodic rather than continuing period(s) of incapacity (i.e. asthma, epilepsy, etc.)
- treatment on a least one occasion resulting in a regime of continuing treatment (the first visit must take place within seven days of the first day of incapacity) under the supervision of the health care provider (course of prescription medication, i.e., antibiotic, or therapy requiring special equipment to alleviate the health condition, i.e., oxygen).
- Incapacity for a permanent or long-term condition for which treatment may not be effective (Alzheimer’s, a severe stroke or terminal stages of disease)
- Multiple treatments for restorative surgery or incapacity for serious conditions that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment (chemotherapy, radiation, dialysis, etc.) back to top
Work Week – the number of hours an employee is regularly scheduled to work each week, including holidays. back to top
Reduced Work Week – a work schedule involving fewer hours than an employee is regularly scheduled to work.
Intermittent Work Schedule – a work schedule in which an employee works on an irregular basis and is taking leave in separate blocks of time, rather than for one continuous period of time, usually to accommodate some form of regularly scheduled medical treatment. back to top
12-Month Period – a 12-month period is measured forward from the date an employee’s family and medical leave begins. back to top
Parent - a biological, adoptive, step or foster father or mother or an individual who stood in loco parentis (a person who is in the position or place of a parent) to an employee when the employee was a child. back to top
Child - a son or daughter who is:
• under 18 years of age, or
• is 18 years of age or older and incapable of self-care because of a mental or physical disability
and who is:
• a biological child,
• an adopted child,
• a foster child (a child for whom the employee performs the duties of a parent as if it were the employee’s child),
• a step-child (a child of the employee’s spouse from a former marriage),
• a legal ward (a minor child placed by the court under the care of a guardian), or
• a child of an employee standing in loco parentis. back to top
Covered Service Member for Military Caregiver Leave
A covered service member is a member of the Armed Forces, including the National Guard or Reserves who, as a result of a serious injury or illness sustained while on active duty in support of a contingency operation, is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list. back to top
Covered Service Member for Exigency Leave
An employee’s spouse, son, daughter, or parent who is a member of the National Guard or Reserves who is on active duty or has been called to active duty in support of a contingency operation. back to top
Active Duty or Call to Active Duty for Exigency Leave
A call or order to active duty (or notification of an impending call or order to active duty) of a member of the National Guard or Reserves in support of a contingency operation. back to top
A call or order to, or retention on, active duty of service members during a war or during a national emergency declared by the President or Congress. back to top
The reasons for which an employee may take leave because of a qualifying exigency are divided into seven general categories. (1) Short-notice deployment, (2) Military events and related activities, (3) Childcare and school activities, (4) Financial and legal arrangements, (5) Counseling, (6) Rest and recuperation, (7) Post-deployment activities and (8) Additional activities. back to top
A Doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of North Carolina, or any other person determined by statute, credential or licensure to be capable of providing health care services which include:
Physician assistants
Podiatrists
Dentists
Clinical psychologist
Clinical social workers
Chiropractors
Optometrist
Nurse practitioners and Midwives
Foreign Health providers who are authorized to practice in that country and who are performing within the scope of the laws.
Christian Science practitioners listed with First Church of Christian Scientists in Boston, MA. (Note: In this situation, the employee cannot object to an agency requirement to obtain a second or third certification other than a Christian Science practitioner.) back to top
Child, spouse, parent (or in loco parentis) of the employee, or next of kin.* back to top
The next of kin of a covered servicemember is the nearest blood relative (other than the servicemember's spouse, parent, son or daughter) in the following order of priority: Blood relatives who have been granted legal custody of the servicemember, siblings, grandparents, aunts and uncles, and first cousins, unless the servicemember has designated in writing a diffrent blood relative for purposes of military caregiver leave. back to top
The period of disability is the normal time frame certified by a medical professional that the mother experiences following the birth of a child. Generally, the period of disability is 6 weeks for normal delivery and 8 weeks for a caesarian section (c-section). back to top
Have Additional Questions? Contact Us
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Michael C. McFarland, Esq. Kawona Johnson Leave Administrator Program Coordinator (919) 513-0106 (919) 513-4497 Michael_Mcfarland@ncsu.edu kawona_johnson@ncsu.edu