Most conditions for which leave is sought will fall under the category of “incapacity and treatment.” Unfortunately, this is also the category that tends to be most difficult for employers to evaluate and manage.
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Incapacity and treatment
There are two ways for an employee to establish the existence of a serious health condition under this category.
- First, the employee (or employee’s family member) must:
- Be incapacitated for more than 3 consecutive, full calendar days; and
- Receive two treatments by an healthcare provider (HCP).
We will refer to this as “incapacity plus two treatments.”
- In the alternative, the employee (or employee’s family member) may:
- Be incapacitated for more than 3 consecutive, full calendar days; and
- Receive one treatment plus a regimen of continuing treatment.
We will refer to this as “incapacity plus regimen of treatment.”
For further details about each of these terms/concepts, read more.