In plain words
A serious health condition is a legal phrase used in leave laws. It means an illness, injury, or condition that needs either an overnight stay in a medical facility or ongoing care from a health care provider. Pregnancy and childbirth can count, including complications, prenatal care that cannot be done outside the office, and recovery after birth. The phrase decides whether protected leave can be used. The leave can be for herself, a partner, a child, or another relative. A cold or a short illness usually does not meet the test. The phrase is not a diagnosis. No particular diagnosis is needed. A provider's certification is usually the proof. How bad a condition feels does not decide it.
The deeper version
The federal definition in 29 U.S.C. section 2611(11) and 29 CFR section 825.113 covers an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider. The regulations treat pregnancy and prenatal care as qualifying conditions, and incapacity of more than three consecutive days with two treatment visits can qualify. borrows the federal concept for family leave. under is a separate entitlement and does not require the same test. Provider certification is the usual evidence. Employers and courts disagree about how much medical detail may be requested.
Where it comes up
- CFRA and FMLA: keeping your jobCalifornia: Leave, Money, and Paperwork
- Pregnancy Disability Leave (PDL) and State Disability (SDI)California: Leave, Money, and Paperwork
- Pregnancy and parental leave in California: the mapCalifornia: Leave, Money, and Paperwork
- Working while pregnantPregnancy: Mind and Life
What mothers here say about serious health condition
No one has posted under this term yet.
Sources
- US Department of Labor, Wage and Hour Division — Family and Medical Leave Act regulations, 29 CFR part 825, section 825.113
- US Congress — Family and Medical Leave Act of 1993, 29 U.S.C. section 2611(11)