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Monday, May 04, 2009 barbara17 asks

Q: I have requested intermittent FMLA for Major depression. Do I need to be off work for 3 days or is

My therapist and Dr both feel I should work a reduced work schedule because of my major depression.  I have contacted HR but I am concerned that I need to be out ill for 3 full days in order to qualify

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Answers (1)
Merely Me, Health Guide
5/ 4/09 10:50pm

Hello Barbara

 

So did your human resource department tell you that you need to be out for three days to qualify?  What did they tell you?

 

Here is a web site defining the rules for FMLA.

 

And here are some of those stated rules:

 

"The FMLA regulations spell out abroad definition of qualifying serious health condition, is broken down into six categories of "illness, injury, impairment, or physical or mental condition.

The first category involves all health conditions that require overnight stay in a hospital, hospice or residential medical care facility.

The second category includes any health condition that causes the employee or family member to be incapacitated for more than three consecutive calendar days and for which either (a) the ill person is treated two or more times by a health care provider or by a provider of health care services on referral by a health care provider or (b) the ill person is treated at least once by a health care provider who prescribes (and supervises) a regimen of continuing treatment."

 

And here is the official government web site.

 

Why don't you call the Wage and Hour Division to get an answer from them.  Here is the information you need:

 

Call the Wage and Hour Division's toll-free help line:

1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Monday-Friday 8 a.m. to 8 p.m. Eastern Time

 

I hope this helps some.  Thank you for your question.

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By barbara17— Last Modified: 12/22/10, First Published: 05/04/09