Duhaime's Law Dictionary


Chronic Serious Health Condition Definition:

A continuing episodic health condition which requires periodic visits for treament.

Defined in the Code of Federal Regulations (United States), Title 29 (Labour), Part 825, the Family and Medical Leave Act of 1993 as follows, at §825.800:

"A chronic serious health condition is one which: (i) Requires periodic visits (defined as at least twice a year) for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (ii) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (iii) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)."

In Phinizy, Justice Cercone shortened it to:

"A chronic serious health condition is defined as one which requires periodic visits for treatment by a health care provider, continues over an extended period of time (including recurring episodes of a single underlying condition); and may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.)."

References:

  • Phinizy v. Pharmacare, 569 F. Supp. 2d 512 (United States District Court, 2008)

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