A “serious health condition” is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. Are there any changes to the definition of a serious health condition under the regulations?Ī. The regulations clarify this definition by defining “periodic visits” as at least twice a year. The regulations continue to define a chronic serious health condition as one that (1) requires “periodic visits” for treatment by a health care provider or nurse under the supervision of the health care provider, (2) continues over an extended period of time, and (3) may cause episodic rather than continuing periods of incapacity. Under the regulations, employees continue to be able to use FMLA leave for any period of incapacity or treatment due to a chronic serious health condition. Can I continue to use FMLA for leave due to my chronic serious health condition?Ī.

A father can use FMLA leave for the birth of a child and to care for his spouse who is incapacitated (due to pregnancy or child birth). Under the regulations, a mother can use 12 weeks of FMLA leave for the birth of a child, for prenatal care and incapacity related to pregnancy, and for her own serious health condition following the birth of a child. An employee’s ability to use FMLA leave during pregnancy or after the birth of a child has not changed. Can I still use FMLA leave during pregnancy or after the birth of a child?Ī. The effective date of the revised FMLA regulations is January 16, 2009.Ī separate FAQ relating to the FMLA military family leave entitlements can be found at Qualifying Reasons for FMLA Leave The following are answers to commonly asked questions about the new Family and Medical Leave Act (FMLA) regulations.

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