What is Serious Health Condition?

In the context of human resources, a serious health condition is a condition that requires an employee to take an extended period of time away from work for medical treatment, recovery, or ongoing management. Under the Family and Medical Leave Act (FMLA), a serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. Examples of serious health conditions include cancer, heart attack, stroke, pregnancy, and mental health conditions requiring hospitalization. Employers are required to provide eligible employees with up to 12 weeks of unpaid leave for a serious health condition, and to maintain their health insurance benefits during the leave period.

Are employers required to maintain health insurance benefits during a leave for a serious health condition?

Yes, employers are required to maintain the same level of health insurance benefits for employees on leave for a serious health condition as for employees who are not on leave, under the Family and Medical Leave Act (FMLA). This means that the employer must continue to pay its portion of the employee’s health insurance premium while the employee is on leave. Additionally, employees must have the same opportunity to elect coverage under any group health plan, upon return from leave as if the employee had continued in employment continuously from the date employment began to the date of return.

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How much leave is available under the FMLA for a serious health condition?

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to take up to 12 weeks of unpaid leave per 12-month period for a serious health condition. This leave can be taken in one continuous block of time or in smaller increments of time as long as the total amount of leave taken does not exceed 12 weeks. This leave can be used for the employee’s own serious health condition or to care for a family member with a serious health condition.