Is the flu covered under the Family and Medical Leave Act (FMLA)?
The FMLA regulations state that ordinarily, “unless complications arise, the common cold and the flu are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave.” The U.S. Department of Labor ( DOL) has written opinion letters that attempt to clarify the law. “The regulations reflect the view that, ordinarily , conditions like the common cold and flu would not be expected to meet the regulatory tests, not that such conditions could not routinely qualify under FMLA where the tests are, in fact, met in particular cases.” (DOL Opinion Letter No. 86). DOL’s second opinion letter adds an example: “If an individual with the flu is incapacitated for more than three consecutive calendar days and receives continuing treatment, e.g. , a visit to a health care provider followed by a regimen of care such as prescription drugs, the individual has a qualifying ‘serious health condition’ for purposes of FMLA.” (DOL Opinion Letter No. 87).
Related Questions
- I have been notified that my absence from work is covered under the Family and Medical Leave Act (FMLA); however, I have exhausted all paid leave. What are my options now?
- How should an employer handle leave for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
- Is the flu covered under the Family and Medical Leave Act (FMLA)?
