"A period of incapacity of more than three consecutive calendar days."

splendid splinter

Continuing treatment by a health care provider includes a "period of incapacity of more than three consecutive calendar days," AND any subsequent treatment or period of condition that involves...Here's one example of "involves": Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervisoon of the health care provider.

I have a worker that is to receive theropy treatments for carpal tunnel. Does the "three consecutive calendar days definition apply, meaning, before the theropy treatments are considered FMLA, the employee would have had to have had 3 consecutive days of incapacity prior; because the person has had not such time of incapacity (incapacity, in this case, defined as the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment there for, or recovery there from).

It appears the key word is "incapacity" and its definition. If a person can work, but has carpal tunnel, the theropy treatments are not covered by FMLA. "Is that correct??"

LindaS

A serious health condition as defined in the federal FMLA states that a serious health condition is defined in a variety of ways. One way is a period of incapacity of more than three consecutive days which includes at least one visit to a health care provider. Another definition is one in which there is treatment by a health care provider which results in continuting treatment under the supervision of a health care provider but does not require the three days off. Then you get into the chronic serious health condition which has additional guidelines to follow.

My advice to you is that if this person is being treated by a health care provider and this person is recommending physical therapy on a continual basis then it would more than likely fall under one of the "serious health condition" definitions.

If you have questions you can refer to the DOL website which provides the definition of serious health condition in detail. That website is [url]www.dol.gov[/url].

splendid splinter

Thanks Linda. The "and" , in my initial question, was what was getting me. It caused me to think that the one (three consecutive days) had to necessarily precede the other definitions before they applied.

Brad Forrister

There have been some cases testing whether carpal tunnel qualifies for FMLA. Generally, the courts seem to say that it CAN qualify but doesn't always.

If your employee is able to work with carpal tunnel, chances are good that FMLA won't apply. But keep in mind that one leg of the test is continuing treatment by a health care provider for a chronic or long-term health condition that is so serious it likely would result in a period of incapacity of more than three calendar days if not treated. Carpal tunnel can certainly get that bad - especially if surgery would eventually be required.

If your employee is missing work for the treatments anyway, might you not be better off in the long run to start the FMLA clock running? Is the carpal tunnel covered by workers' comp?

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

splendid splinter

Yes, Brad, the carpal tunnel is falling under work comp. Were you alerting me to be aware of that possibility (if so thanks)? Or is there something, of which I am not aware, that would effect FMLA?