3 Day Rule

HRwannabe

I'm trying to get a better handle on FMLA eligibility. My understanding is that under the federal FMLA, a serious health condition involves a period of incapacity requiring more than 3 days' absence. If an employee provides a certification of physician for bronchitis, and the doctor checks "Yes, unable to perform work..", and "Yes, necessary to the EE to work less than a full schedule..", but only puts 2 days of incapacity, should those 2 days be covered under FMLA (Federal or WI)? The WI FMLA does not specify any number of incapacitated days, so I would conclude this employee would be covered under the state FMLA law. Any thoughts?

LindaS

The three day rule regarding serious health conditions is applied in conjunction with continuing treatment from a health care provider. Continuing treatment, under the federal law, means either treatment two or more times or treatment on one occasion which results in a regimen of continuing treatment under the supervision of a health care provider. The three-day rule does not apply to a serious health condition under the WI law, but continuing treatment does.

In your example, bronchitis is something that typically requires prescription medication as well as a follow-up by the doctor after about one week. If this is the case then, yes, it would fall under FMLA. If there is no follow-uo and/or no prescription medication, I would not approve based solely on the three-days off.

HRwannabe

Thank you!!