The Definition of Serious Health Condition under the Family Medical Leave Act

This Note examines the definition of serious health condition under the Family Medical Leave Act ( FMLA ). The FMLA allows an employee to take time off from work if she suffers from a serious health condition or needs to care for a family member with a serious health condition. The Department of Labor regulations provide that a serious health condition requires inpatient care or continuous treatment. Many courts have interpreted the Department of Labor regulations as setting up a bright-line test for determining whether an illness constitutes a serious health condition under the FMLA. This Note argues that the Department of Labor test, as interpreted by the courts, is both over-inclusive and under-inclusive. This Note proposes that the Department of Labor should change its regulations and adopt a balancing test that accounts for Congress\u27s concerns and goals as articulated in the Senate Report. A balancing test would give courts more flexibility and would lead to more accurate and equitable determinations of whether an illness rises to the level of a serious health condition under the FMLA