Flu FMLA: Employee Rights and Employer Obligations

The flu can be a real drag, especially when it lands you in the hospital or keeps you home from work for weeks. According to the article, the Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, including serious health conditions like the flu.

You're entitled to take FMLA leave if you're unable to work due to a serious health condition that makes you unable to perform your job. This includes illnesses like the flu that require bed rest, treatment, or hospitalization.

If you're not sure whether you're eligible for FMLA leave, check your company's policies or consult with HR. They can help you determine if you qualify and guide you through the process.

As an employee, it's essential to provide your employer with a doctor's note or other medical certification to support your FMLA leave request. This helps your employer understand the reason for your absence and ensures you receive the support you need to recover.

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Under the Family and Medical Leave Act (FMLA), employees are entitled to up to 12 weeks of job-protected, unpaid leave during a 12-month period for specified family and medical reasons.

To be eligible for FMLA, an employee must have worked for the employer for at least 12 months and have worked at least 1,250 hours over the previous 12 months. They must also work at a location where at least 50 employees within 75 miles are employed.

If an employee's flu-related illness meets the definition of a "serious health condition", then the FMLA applies. This means that employers with 50 or more employees must provide FMLA coverage under the specific circumstances of the employee's employment.

The FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. If you're unsure about your employer's policies, it's best to check their employee handbook or speak with HR.

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Here are the basic requirements for FMLA eligibility:

By knowing your employees' rights under the FMLA, you can ensure that they receive the support they need during flu season and beyond.

The FMLA covers serious health conditions, but what exactly does that mean? A serious health condition exists when the employee is incapacitated for more than three full, consecutive days and receives continuing treatment by a healthcare provider.

The FMLA defines serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a healthcare provider.

To qualify as continuing treatment, the employee must be incapacitated for more than three consecutive days and seek treatment from a healthcare provider within seven days of the first day of incapacity. Treatment by a healthcare provider must be an in-person visit, and it must take place within seven days of the first day of incapacity.

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Examples of continuing treatment include a course of prescription medication, such as an antibiotic. However, taking over-the-counter medications, bed-rest, drinking fluids, and other similar activities that can be initiated without a doctor's visit do not qualify as continuing treatment for purposes of FMLA leave.

Here are the key requirements for a serious health condition:

Your employer has certain obligations when it comes to handling flu-related FMLA leave. They are not required to provide paid leave, but may allow you to substitute paid sick, vacation, or PTO days for your FMLA leave if you have them.

If your employer has a plan in place for a flu outbreak, they may be able to send you home if they think you're sick. However, they must notify you as soon as possible and can't discriminate against you based on a protected status.

In two specific cases, your employer may require you to take certain actions: if they have objective evidence that your medical condition would prevent you from performing essential job functions, or if it would pose a direct threat to safety in the workplace.

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The federal FMLA does not require employers to provide paid leave.

You might be surprised to learn that an employee can take FMLA leave for the flu, but the circumstances matter, and it depends on the situation.

In some states, like Wisconsin, the employer is required to allow you to substitute paid sick, paid vacation, or PTO days for your FMLA leave, if you have them.

This means you might still receive pay for your leave, even if it's not technically paid FMLA leave.

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Your employer can send you home if they think you're sick, but only if they have a plan in place for flu outbreaks. Ideally, your workplace should have a clear policy on what to do in such situations.

If your employer does send you home, they should notify you as soon as possible. This is an important part of their plan, and it's essential to follow it.

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An employer can require you to leave work if they have objective evidence and a reasonable belief that your medical condition would prevent you from performing essential job functions. This could be due to a serious health condition, treatment for the condition, or the recovery process.

There are two scenarios where an employer can send you home: if they have evidence that your condition would prevent you from performing essential job duties, or if it would pose a direct threat to safety in the workplace.

Here are the two scenarios where an employer can send you home:

In either case, your employer should notify you in advance and follow their established plan. Remember, you cannot be discriminated against based on protected status, such as race, sex, age, or disability. If you think you've been a victim of discrimination, seek legal advice.

If you're planning to take FMLA leave due to the flu, you'll need to contact your employer's human resources office promptly. Employees are required to provide 30-day advance notice when the need is foreseeable, but if the illness is unforeseeable, you should give notice as soon as practicable.

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You'll likely need to provide additional documentation, such as a doctor's note supporting your need for leave due to a serious health condition. This might also include a second or third medical opinion, periodic updates during your leave, and a doctor's note clearing you to return to work.

To qualify for FMLA leave due to the flu, you must be incapacitated for more than three consecutive days and seek continuing treatment from a healthcare provider. This treatment must be an in-person visit to a healthcare provider within seven days of the first day of incapacity.

The Department of Labor advises that taking over-the-counter medications, bed-rest, drinking fluids, and other similar activities that can be initiated without a doctor's visit do not qualify as continuing treatment for purposes of FMLA leave.

Here are the key requirements for FMLA leave due to the flu:

Most cases of the common flu do not meet the definition of a "serious health condition" and would not be eligible for Family and Medical Leave Act (FMLA) leave.

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However, severe cases of the flu or those that result in complications can meet the FMLA definition of a "serious health condition." This is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider.

Continuing treatment means the employee has been incapacitated for a period of more than three full days, or has consulted with a doctor two or more times within 30 days, or has one consult with a doctor and a regimen of continuing treatment.

If an employee is out sick with the flu for more than three days, consider whether the need for FMLA leave may exist. This doesn't mean you need to go through the whole FMLA process to determine eligibility for each flu absence.

To qualify as "continuing treatment", the employee must be incapacitated for more than three consecutive days and seek treatment from a health care provider. Treatment by a health care provider must be an in-person visit to a health care provider, and it must take place within seven days of the first day of incapacity.

Here are some examples of what may qualify as "continuing treatment":

On the other hand, the following do not qualify as "continuing treatment" for purposes of FMLA leave: