Chiropractic Care

Ruskanen · December 2002

Would you consider regular, weekly adjustments from a Chiropractor to qualify for FMLA? Under a definition for "Serious Health Condition" I have found, "...a serious health condition must require inpatient care or continuing treatment. Continuing treatment is defined as one or more of the following. A period of incapacity involving two or more treatments by a healthcare provider or treament by a healthcare provider on one occasion resulting in a continuing regimen of treatment..."

I can see where the weekly appointments for an adjustment could qualify as continuing treatment, but I don't know if it would qualify as a seroious medical condition. Have any of you dealt with this?

bsa · December 2002

To determine if weekly adjustments by a chiropractor qualifies for FMLA, give the ee a "Certification of Health Care Provider". Your reason for getting certification is to protect your company from possibly making an employment decision based on absences that should have been protected by FMLA. I like to use the DOL Form WH-380 because it reminds both the doctor and the ee that this is a legal transaction for all parties.

vmiller MO · December 2002

I agree with BSA. The regulations, 29 CFR Section 825.118((b)(1) include chiropractors in the definition of "health care provider" as long as their "medical services" are "limited to treatment considting of manual manipulation of the spine to corrct a subluxation as emonstrated by X-ray to exist. . ." It does sound like that is what the chiroprator is doing and if so, the chiropractor's "treatment" would fall within the meaning of a regimen of treatment. Of course, you could also go for a second opinion which probably would trigger the third opinion provisions of the regulation.

Chiropractic Care

Comments