Is obesity a serious health condition under FMLA?

Is obesity a serious health condition under FMLA?

According to the Centers for Disease Control and Prevention (CDC), more than one-third of all U.S. adults can be classified as obese. In addition to obesity being a disability, it may be a serious health condition for purposes of providing leave under the Family and Medical Leave Act (FMLA).

What makes you unable to work for a long time?

If you are under the supervision of a health care provider for a condition that makes you unable to work for a long time, or permanently, you have a serious health condition under the FMLA. This category can include cancer, Alzheimer’s disease, terminal illnesses, and advanced amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease).

Can a routine illness turn into a serious health condition?

The complications of an illness that is not itself ordinarily a serious health condition, i.e., does not routinely meet FMLA’s definition of a serious health condition, may convert a routine illness into a serious health condition for FMLA leave purposes (e.g., when bronchitis turns into bronchial pneumonia).

Do you need medical certification to return to work?

There is no requirement that the certification come from a medical doctor. Often, despite an employee’s desire to come back to work in the same capacity they left, the medical provider will release him/her to return to work, but with some restrictions. These restrictions may be short term or permanent.

How long does a serious health condition last?

It is worth noting that only one of the circumstances defined as a serious health condition requires a specific period of incapacity – namely, a period of incapacity that lasts more than three full, consecutive calendar days.

What happens if you dont go back to work due to medical condition?

Your employer cannot do this if your reason for not going back to work was your or your family member’s serious health condition. You may need to check with the Wage and Hour Division of the Department of Labor (see Additional resources) if your employer asks you to pay back the premiums.

When does an employee have a serious health condition?

An employee who must miss work for multiple treatments has a serious health condition if the treatments are for: restorative surgery after an accident or injury, or. a condition that would require an absence of more than three days if not treated.

If you are under the supervision of a health care provider for a condition that makes you unable to work for a long time, or permanently, you have a serious health condition under the FMLA. This category can include cancer, Alzheimer’s disease, terminal illnesses, and advanced amyotrophic lateral sclerosis (ALS or Lou Gehrig’s disease).

How many sick days can an employee use in a year?

If an employee has already used 12 weeks of sick leave to care for a family member with a serious health condition, he or she cannot use an additional 13 days in the same leave year for general family care purposes. An employee is entitled to no more than a combined total of 12 weeks of sick leave each leave year for all family care purposes.