1Here and elsewhere on the form, the information sought relates only to the condition for which the employee . is taking FMLA leave. 2”Incapacity” for purposes of the FMLA, is defined to mean inability to work, attend school or perform other. regular daily activities due to the serious health condition, treatment thereof, or recovery therefrom Jul 20, 2017 · What Constitutes a Serious Health Condition? As noted above, one of the main reasons an employee may be eligible to take FMLA leave is for his or her own or an immediate family member’s serious health condition. But you may be wondering what constitutes a “serious health condition”? Sep 25, 2017 · The American with Disabilities Act (ADA) applies in nearly every circumstance in which an employee would use FMLA for a serious health condition of their own. Thus, even after 12 weeks of leave, employees may be eligible for additional accommodations due to their disability and may be protected from retaliation. 13. FAMILY & MEDICAL LEAVE ACT (FMLA) Key Components in the Regulations Qualifying Reasons for FMLA: Birth of and care of newborn or placement for adoption or foster care, To care for spouse, child or parent with a “serious health condition” One’s own “serious health condition” that makes him (a) For purposes of FMLA, serious health condition entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115.