Chiropractors and the FMLA

Q: Can a Chiropractor be used as a qualified health care provider for purposes of FMLA?

A: The FMLA has very specific guidelines regarding whether a chiropractor can be included as qualified health care provider that can complete certification to validate a serious health condition. Chiropractors can be considered a health care provider in limited instances where all the following criteria are met:

• Chiropractor is authorized to practice in the state;
• Chiropractor is performing within the scope of their practice under state law;
• An X-ray of the back has been completed to verify the subluxation of the spine; and
• Treatment is limited to the manual manipulation of the subluxation of the spine

If a chiropractor has met the above criteria, they can certify the condition as a serious health condition covered by the FMLA and the FMLA time off work can be continuous or intermittent. If a chiropractor has not taken X-rays or is treating a condition other than a misalignment of the spine (for example infertility or other reproductive issues) then FMLA may be subject to denial.

Sources:

The Family and Medical Leave Act – Wage and Hour Division (WHD) – U.S. Department of Labor
29 C.F.R. § 825.125(b)(1)

If you are a Catapult member you can contact Catapult’s Advice Line for more information at 866-440-0302.