Is the Leave Covered By the Family and Medical Leave Act (FMLA)?
The H1N1 virus may be sufficiently serious to constitute a serious health condition. A serious health condition covered by the FMLA must involve: (1) inpatient care in a hospital or medical care facility, or (2) continuing treatment by a health care provider. To qualify as “continuing treatment,” the employee must have a period of incapacity of more than three consecutive, full calendar days. In addition, the employee must receive either: (a) Treatment by a health care provider (or under the direction of a health care provider) two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist; or (b) Treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment, such as a course of prescription medication The two treatments referred to in (a) above and the initial treatment referred to in (b) above must be in-person. The first (or only) in-person treatment visit must take place within seven days of
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)?
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