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Barbara Weltman

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Are migraines a “serious health condition” under FMLA?

November 13, 2024 / By Barbara Weltman

The Family and Medical Leave Act (FMLA), which applies to companies with 50 or more employees in the current or prior year, requires that employees be given up to 12 weeks of unpaid leave time for a “chronic serious health condition.” In one case, a bus driver sought leave for his migraines but was denied, and eventually terminated. A federal appellate court said his migraines were not a serious health condition because he failed to satisfy a condition of FMLA: making periodic visits (at least two annually) to a healthcare provider. He did not seek treatment for his migraines until after his termination. #IdeaoftheDay

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