By Susan Schoenfeld, JD
Does a family medical leave of absence under FMLA laws protect an employee’s leave for the flu? How about a serious cold? Leave of absence laws were established to protect employees with serious health conditions, but what measures up?
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Generally, unless complications arise, the common cold, the flu, earaches, upset stomach, and headaches (other than migraines) are examples of conditions that usually do not meet the definition of a serious health condition and do not qualify for FMLA leave. However, any one of these conditions may rise to the level of a FMLA-covered serious health condition if all the other requirements of a “serious health condition” are met.
At least two federal appeals courts have weighed in on this issue, both finding that the flu and other viral illnesses could be protected under FMLA.