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HR Magazine

Feb 13, 2018

The Flu:  Coordinate Compliance Among FMLA, ADA, Paid-Leave Laws

The flu ordinarily isn’t covered by the FMLA, which provides 12 weeks of unpaid leave to individuals with serious health conditions or who are caring for a child, spouse or parent with such conditions. However, flu may become a protected serious health condition if an employee is incapacitated for more than three full consecutive days and either:

  • Consults with a doctor two or more times within 30 days or
  • Consults with a doctor once and receives a regimen of continuing treatment (that is, prescription medication).

For example, “if I have the flu and I’m incapacitated for more than three days—that includes weekends or other nonworking days—and I see my doctor who prescribes Tamiflu or an antibiotic, then I have a serious health condition” under the FMLA, said Matt Morris, vice president of FMLASource with ComPsych Corp. in Chicago.

To read the full article, click here.