California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 7 - Family Temporary Disability Insurance › Section 3302-2 - Serious Health Condition Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of Family Temporary
						Disability Insurance, "serious health condition" for which an employee may
						receive benefits means an illness, injury, impairment, or physical or mental
						condition of the care recipient that involves:
(1) Inpatient care (i.e. an overnight stay)
						in a hospital, hospice, or residential medical care facility, including any
						period of incapacity (for purposes of this section, defined to mean inability
						to work, attend school or perform other regular daily activities due to the
						serious health condition, treatment therefor, or recovery therefrom) or any
						subsequent treatment in connection with such inpatient care; or
(2) Continuing treatment by a physician or
						practitioner. A serious health condition involving continuing treatment by a
						physician or practitioner includes any one or more of the following:
(A) A period of incapacity (i.e. inability to
						work, attend school or perform other regular daily activities due to the
						serious health condition, treatment therefor, or recovery therefrom) of more
						than three consecutive calendar days, and any subsequent treatment or period of
						incapacity relating to the same condition, that also involves:
(i) Treatment two or more times by a
						physician or practitioner, or by a provider of health care services (e.g.
						physical therapist) under orders of, or on referral by, a physician or
						practitioner.
(ii) Treatment by a
						physician or practitioner on at least one occasion which results in a regimen
						of continuing treatment under the supervision of the physician or
						practitioner.
(B) Any
						period of incapacity due to pregnancy, or for prenatal care.
(C) Any period of incapacity or treatment for
						such incapacity due to a chronic serious health condition. A chronic serious
						health condition is one which:
(i) requires
						periodic visits for treatment by a physician or practitioner;
(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.).
(D) A period of
						incapacity which is permanent or long term due to a condition for which
						treatment may not be effective. The child, parent, spouse, grandparent,
						grandchild, sibling, or registered domestic partner must be under the
						continuing supervision of, but need not be receiving active treatment by a
						physician or practitioner. Examples include, but are not limited to,
						Alzheimer's, a severe stroke, or the terminal stages of a disease.
(E) Any period of absence to receive multiple
						treatments (including any period of recovery therefrom) by a physician or
						practitioner or by a provider of health services under orders of, or on
						referral by, a physician or practitioner, either for restorative surgery after
						an accident or other injury, or for a condition that would likely result in a
						period of incapacity of more than three consecutive calendar days in the
						absence of medical intervention or treatment, such as cancer (chemotherapy,
						radiation, etc.), severe arthritis (physical therapy), or kidney disease
						(dialysis).