Back when Congress was debating the initial passage of the, there was considerable discussion about what kinds of illnesses would entitle an employee to FMLA protection.
Colds and the flu were frequently mentioned as examples of illnesses not meant to be covered.bear this out, including this specific language:
“unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for.”
Based on this, many employers routinely deny FMLA leave for the flu and count such absences against theirpolicies.
That can be a mistake. What counts is whether a particular case of the flu meets other FMLA conditions. The key phrase: “unless complications arise.”
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