Scientists at the U.S. Centers for Disease Control and Prevention (CDC) don’t predict a particularly bad flu season this winter, but it’s a safe bet that some of your employees will come down with influenza.
And as it does every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for.
state, “Unless complications arise, the common cold [and] flu … do not meet the definition of a serious health condition and do not qualify for leave.”
But pay attention to those first three words … “unless complications arise.”
If the employee’s bad flu bug forces him to be incapacitated for more than three days, and he sees a doctor and receives an antibiotic, that employee could meet the criteria to be eligible for FMLA leave.
Bottom line: When an employee’s cold or flu goes beyond “normal,” you’ll need to evaluate the condition individually to determine whether it’s a “serious” FMLA-qualifying condition.
In such cases, theform is your best friend, as is your ability to request a second opinion if an employee delivers an FMLA certification that you question.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Do we owe STD benefits to employee who has been terminated after FMLA leave expires?
- When worker returns from FMLA leave, it's OK to assign equivalent job at different location
- No special protection for morning sickness
- Employee reporting medical problems that could warrant FMLA? Get more details