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3 Day Rule

HRwannabeHRwannabe 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
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?
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  • LindaSLindaS 1,510 Posts
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    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.

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  • HRwannabeHRwannabe 5 Posts
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    Thank you!!
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