HR Management & Compliance

News Notes: Court Says Flu Was A Serious Health Condition Under FMLA


A federal appeals court has ruled that an AT&T account representative who suffered from a bad case of the flu was entitled to FMLA leave because she was unable to work for more than three days and was treated twice. Kimberly Miller sued after she was disciplined and ultimately fired for excessive absenteeism. Although the flu doesn’t ordinarily qualify as a serious health condition, the court said Miller, who first sought urgent care treatment and then had a follow-up evaluation two days later, had met the FMLA definition of a serious health condition. The court rejected AT&T’s argument that the follow-up evaluation didn’t constitute treatment.



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