FMLA DEFINITIONS

The following definitions are specific to the terms of this procedure and do not modify or revise similar terms as used in related procedures.

12-Month Period: A 12-month period measured forward from the date an employee begins FMLA leave.

Child: For purposes of FMLA used for care of a family member with a serious health condition that is not military caregiver leave, a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age or 18 years of age or older and incapable of self-care because of a mental or physical disability.

Child: For purposes of FMLA used for military family leave for an exigency or for military caregiver leave for a covered service member, means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is of any age.

Contingency Operation: A military operation that is (A) designated by the Secretary of Defense as an operation in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force; or, (B) results in the call or order to, or retention on, active duty of members of the uniformed services under section 688, 12301 (a), 12302, 12304, 12305, or 12406 of Title 10, Chapter 15 of Title 10> Subtitle A>Part 1, or any other provision of law during a war or during a national emergency declared by the President or Congress.

Covered Service Member: A current member of the armed forces, including National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness, or a covered veteran who is undergoing medical treatment, recuperation or therapy for serious injury or illness that occurred any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. It is not available to care for former members of the armed forces, National Guard or Reserves and members on the permanent disability list.

Covered Veteran: A former member of the armed forces, including National Guard or Reserves, and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

Family Member: Includes children, spouse (same or opposite sex), and parents, but not son-in-law, daughter-in-law or parents-in-law.

Health Care Provider: Doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctors practice. Podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine to correct a subluxation, as demonstrated by X-ray to exist), are authorized to practice, and performing the scope of their practice, under state law. Nurse practitioners, nurse-midwives and clinical social workers authorized to practice and performing within the scope of their practice, under state law. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts. Any health care provider recognized by the employer or the employer’s group health plan benefits representative. 

In loco parentis: Persons with day-to-day responsibilities to care for or financially support a child. A biological or legal relationship is not necessary. See U.S. DOL Wage and Hour Division Administrator’s Interpretation No. 2010-3 for more information.

Intermittent Leave: Leave taken in separate periods of time due to a single illness or injury, rather than for one continuous period of time, and may include leave periods from one hour or more to several weeks.

Next of Kin: Used with respect to an individual means the nearest blood relative of that individual other than spouse, parent, son or daughter, in the following order of priority:

1. Blood relatives who have been granted legal custody of the covered service member;
2. Brothers and sisters;
3. Grandparents;
4. Aunts and uncles;
5. First cousins. 

If the covered service member designates another blood relative as their nearest blood relative, that designation takes precedent over the above list. That person would be the only next of kin.

Parent: A biological parent or an individual who stands or stood in loco parentis to an employee when the employee was a child (son or daughter).

Qualifying Exigency: For purposes of qualifying exigency leave, family members of covered military members called to active duty may take leave for one or more of the following qualifying exigencies: (1) to address any issues which arise from the military member learning of a call or order to duty seven or less calendar days prior to deployment; (2) to attend military events or sponsored family support programs; (3) to arrange for alternative childcare or school attendance, attend childcare or school meetings, or provide childcare on an urgent immediate need basis when necessitated by the call to duty; (4) to make or update financial and legal arrangements to address the military member’s absence, or to serve as the military member’s representative in obtaining, arranging or appealing military service benefits; (5) to attend counseling (not provided by a health care provider) for oneself, the military member, or child of the military member; (6) to spend time (up to 5 days of leave for each instance) with a military member on temporary rest and recuperation leave; (7) to attend post-deployment activities, and (8) any other events which employer and employee agree arise out of the military member’s call to duty, qualify as an exigency, and agree as to the timing and duration of leave.

Serious health condition*: means an illness, injury, impairment, or physical or mental condition that involves either:

1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such inpatient care; or
2. Continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend school or perform other regular daily activities) due to:
   1. A health condition (including treatment or recovery) lasting more than three consecutive full calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves:
      1. Treatment two or more times within 30 days of the first incapacity (absent extenuating circumstances) by or under the supervision of a health care provider; or
      2. At least one treatment by a health care provider with a continuing regimen of treatment under the supervision of a health care provider.
         
         The requirement in paragraphs (1) and (2) of this section for treatment by a health care provider means an in-person visit to a health care provider. The first (or only) in-person treatment visit must take place within seven days of the first day of incapacity.
   2. Incapacity due to pregnancy, or for prenatal care.
   3. Incapacity due to a chronic serious health condition which requires periodic visits to a health care provider (at least twice per year), continues over an extended period of time, and may cause occasional, rather than continuing, episodes of incapacity (e.g., asthma, diabetes, epilepsy, etc.).
   4. A permanent or long-term condition for which treatment may not be effective (e.g., Alzheimer’s, a severe stroke, or the terminal stages of a disease, etc.).
   5. Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three consecutive, full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis), etc.

*In the case of a current member of the armed forces, including a member of the National Guard or Reserves, an illness or injury incurred by the covered service member in the line of duty while on active duty in the armed forces or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the armed forces and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; and

In the case of a covered veteran an illness or injury that was incurred by the member in the line of duty while on active duty in the armed forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the armed forces) and manifested itself before or after the member became a veteran and meets one of the four criteria outlined in 29 C.F.R. 825.102. 

Spouse: A husband or wife (same or opposite sex), including common law marriage in states where it is recognized. 

Reduced Leave Schedule: A leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.