Continuing treatment
| Currency | Current through May 31, 2023 |
| Citation | 29 C.F.R. §825.115 |
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7 cases
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James v. Group
...is four to eight weeks. Nev. Dept. of Human Resources v. Hibbs , 538 U.S. 721, 731, 123 S.Ct. 1972, 155 L.Ed.2d 953 (2003). 29 C.F.R. § 825.115 further illustrates why DLG's position is unsound, defining a "serious health condition" entitling a woman to family medical leave as including "co......
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Gray v. Winco Foods, LLC
...or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115." See 29 C.F.R. § 825.113. "Inpatient care" is defined in the regulations as "an overnight stay in a hospital, hospice, or residential medical c......
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Eskridge v. The Dufresne Spencer Grp.
...treatment on only one occasion and did not receive a course of supervised treatment by a medical care. 29 U.S.C. § 2611(11)(B); 29 C.F.R. § 825.115. It undisputed that Eskridge saw Dr. Shah three times after being diagnosed with anxiety, in April 2020, January 2021, and September 2022. [Dkt......
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Libreros v. Sarasota-Manatee Jewish Hous. Council, Inc.
...health care provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity. 29 C.F.R. § 825.115 (emphasis added). The “incapacity” means “inability to work, attend school or perform other regular daily activities due to the serious h......
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5 firm's commentaries
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2018 Wage and Hour Opinion Letters Offer Helpful FMLA Guidance
...find yourself defending your actions, often at significant cost. Michael Staebell 29 C.F.R. § 825.114 or “continuing treatment” under 29 C.F.R. § 825.115 of the FMLA regulations. Therefore, organ donation surgery and post-recovery treatments for it would qualify as a serious medical conditi......
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Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two
...15 Blazek v. City of Lakewood, Ohio, 576 Fed. Appx. 512 (6th Cir. 2014). 16 29 U.S.C. § 2612(a)(1)(D). 17 29 U.S.C. § 26611(11); 29 C.F.R. § 825.115. 18 29 U.S.C. § 2613(a); 29 C.F.R. § 825.305(a). 19 Collings v. Longview Fibre Co., 63 F.3d 828, 832 (9th Cir. 1995). 20 Flynn v. Raytheon Co.......
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FMLA in the Time of COVID-19: Telemedicine Visits and Required Workplace Postings
...that the shift to remote work may be here to stay, at least in some degree, even after the pandemic ends. Brian D. Pedrow Anu Thomas 29 C.F.R. § 825.115, provided the following criteria are met. The telemedicine visit include an examination, evaluation, or treatment by a health care provide......
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Flu Season: Common Questions From Employers
...Adopting an infectious disease policy will give employees and managers guidance on how to handle these situations. Debra Mastrian 29 C.F.R. § 825.115. Over the counter medications (aspirin, flu medicine), bed rest and fluids or other treatment that may be initiated without the direction of ......
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5 books & journal articles
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VOLUME I Chapter 11 Family and Medical Leave Act
...29 U.S.C. § 2611(5) (2015).[28] 29 U.S.C. § 2611(6) (2015).[29] 29 C.F.R. § 825.125(b) (2015).[30] 29 C.F.R. § 825.113(c) (2015).[31] 29 C.F.R. § 825.115(a). A "regimen of continuing treatment" includes a course of prescription medication (e.g., an antibiotic) or therapy requiring special e......
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Section 4 Other Employment Laws Implicating Employment and Disabilities
...at all, or is unable to perform any one of the essential functions of the employee’s job, because of a “serious health condition.” 29 C.F.R. §§ 825.115 and 825.200(a)(4). The FMLA rule incorporates the ADA definition of “essential functions.” 29 C.F.R. § 825.115. In addition, during FMLA le......
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Section 7 Serious Health Condition of Employee or Family Member
...functions of the position within the meaning of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 et seq. 29 C.F.R. § 825.115. There must be a showing of incapacity for a condition to qualify as a serious health condition. See, e.g., Rask v. Fresenius Med. Care N. Am., 5......
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Section 5 Covered Leaves
...functions of the position within the meaning of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101, et seq.; 29 C.F.R. § 825.115. A “serious health condition” is defined as an illness, injury, or impairment or mental condition that involves inpatient care or continuing tr......
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