Under the FMLA, an eligible employee is entitled to a leave of absence for up to 12 weeks in order to provide care made necessary by reason of the serious health condition of a child. N.J.S.A. 34:11b-3(i). A “serious health condition” includes any injury, illness, impairment or physical or mental condition requiring either (1) in-patient care in a hospital, hospice, or residential medical care facility; or (2) continuing medical treatment or continuing medical supervision by a health care provider. N.J.S.A. 34:11b-3(l). The New Jersey Division on Civil Rights has clarified that the term “continuing medical treatment or continuing supervision by a health care provider” includes “any period of incapacity for pregnancy or prenatal care. N.J.A.C. 13:14-1.2.

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