For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTINUING TREATMENT. Involves a period of incapacity:
(1) Of more than three consecutive calendar days and any subsequent treatment that also involves at least treatment two or more times by a health care provider; or treatment by a health care provider on at least one occasion which results in a regimen of continuous treatment under the supervision of the health care provider;
(2) Due to pregnancy, or for prenatal care, or one treatment which results in a regimen of continuing treatment under the health care provider’s supervision;
(3) Due to a chronic serious health condition requiring treatment by a health care provider over an extended period of time and may cause episodic rather than a continuing period of incapacity (i.e., asthma, diabetes, epilepsy);
(4) Permanent or long-term incapacity due to a condition for which treatment may not be effective; and
(5) Any period of absence to receive multiple treatments by a health care provider either for restorative surgery after an accident or injury for a condition such as cancer that would likely result in a period of incapacity of more than three consecutive calendar days without medical treatment. Treatment would not include routine physical examinations.
COVERED SERVICE-MEMBER.
(1) A current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list for a serious injury or illness; or
(2) A veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment recuperation, or therapy for a serious injury or illness.
HEALTH CARE PROVIDER. A licensed doctor of medicine or osteopathy, or licensed podiatrist, dentist, clinical psychologist, optometrist, chiropractor (with certain limitations), nurse practitioner, or nurse midwife.
PARENT. A biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as previously defined in this section. This term does not include parents “in-law”.
SERIOUS HEALTH CONDITION. An illness, injury, impairment, or physical or mental condition that renders the employee unable to perform his or her job and involves inpatient care or continuing treatment by a health care provider.
SERIOUS INJURY OR ILLNESS. For current service-member and veterans are distinct from the FMLA definition of “serious health condition”.
SON or DAUGHTER. A biological, adopted, or foster child, a stepchild, or a legal ward that is either under age 18, or age 18 or older, and is incapable of self-care because of mental or physical disability, as defined by the Americans with Disabilities Act.
SPOUSE. A husband or wife that entered in to marriage recognized under the law of the state where married or if married outside of any state, if valid where married and valid in at least one state. This includes a same-sex or common law marriage that either:
(1) Was entered into in a state that recognizes such marriage; or
(2) If entered into outside of any state, is valid in the place where entered into and could have been entered into in at least one state as defined under state law.
(Ord. 1447, passed 10-20-2009; Ord. 1473, passed 12-7-2010; Ord. passed 1-1-2019)