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FMLA Mini-Lesson - 3 Days+Dr Visit+Prescription+follow up visit=FMLA

FMLA MINI LESSON --- 3 Days+Dr Visit+Prescription+follow up visit=FMLA

Short-term absences are often not classified as FMLA, when they should be. Getting those absences classified as FMLA can help later with that stupid Comp 5 if you have absences which aren't covered by FMLA.

The “three-day incapacity” rule coupled with “continuing treatment” portion of the definition was clarified at section 825.114(a)(2)(i) to mean –A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery there from) of more than three consecutive calendar 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, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

A “regimen of continuing treatment” is defined in section 825.114(b) to include, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). But the regulations also clarify that the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, a regimen of continuing treatment for purposes of FMLA leave.

Ordinarily, the common cold, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc. would not meet the definition. If, however, for example, if an individual with the flu is incapacitated for more than three consecutive calendar days and receives continuing treatment, e.g., a visit to a health care provider followed by a regimen of care such as prescription drugs like antibiotics, the individual DOES HAVE a qualifying “serious health condition” for purposes of FMLA.