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What is continuing treatment under the revised Family and Medical Leave Act (“FMLA”)?

Continuing treatment generally involves incapacity due to a medical condition for at least 3 days while being treated by a healthcare provider, or certain other types of incapacity, such as incapacity due to pregnancy and/or childbirth, incapacity due to multiple treatments for a health condition, or incapacity to undergo surgery. There are also timeframes within which treatment must occur in order for it to qualify as continuing treatment.

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