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Mar03

Chiropractor/Chronic Condition

I have an employee that has applied for FMLA intermittently for chronic back issues. Employee has been seen by the chiropractor several times. Treatment does consist of manual manipulation of the spine to correct suluxations, but x-rays were not taken. The employee is not on any Rx. Regimen of treatment is to see the chiropractor 1x a month for several months. Is this considered a qualifying chronic condition and does it matter if the chiropractor did not take x-rays?

A qualifying reason for FMLA leave is a serious health condition that makes the employee unable to perform the functions of the employee’s job. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves impatient care or continuing treatment by a health care provider. The “Continuing treatment” means: (1) a period of incapacity of more than 3 consecutive, full calendar days plus treatment by a health care provider twice, or once with a continuing regimen of treatment, (2) any period of incapacity related to pregnancy or prenatal care, (3) any period of incapacity or treatment for a chronic serious health condition, (4) a period of incapacity for permanent or long-term conditions for which treatment may not be effective, or (5) any period of incapacity to receive multiple treatments (including recovery from those treatments) for restorative surgery, or for a condition which would likely result in an incapacity of more than 3 consecutive, full calendar days.

A chronic serious health condition is covered and is defined as a condition that (1) requires “periodic visits” for treatment by a health care provider or nurse under the supervision of the health care provider, (2) continues over an extended period of time, and (3) may cause episodic rather than continuing periods of incapacity. The regulations define “periodic visits” as at least twice a year.

This entry was posted on Sunday, March 3rd, 2013 at 6:29 pm and is filed under
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