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HR Magazine

Jan 13, 2019

It’s flu season, and if your employees haven’t started calling in sick yet—either due to their own illness or to take care of a family member—they will soon. Time for employers to familiarize themselves with state and local paid-sick-leave statutes.

Paid-sick-leave laws clarify who is covered, the rate at which employees accrue paid sick leave and waiting periods before paid sick leave can be used.

The flu could be a serious health condition within the meaning of the FMLA if it lasts more than three calendar days—not unusual with the flu—and if an eligible employee visited a health care provider once and received a shot or prescription. Or the flu could be a serious health condition if the employee visited a health care provider twice within a 30-day period or had to spend the night in a hospital.

The amount of sick leave employees accrue varies by jurisdiction. Paid-sick-leave laws may require different accrual rates for large and small employers. For example, Washington, D.C., requires one hour per 37, 43 or 87 hours worked, depending upon the number of employees in an organization, noted Matt Morris, vice president of FMLASource at ComPsych Corp. in Chicago.