While the 2013–2014 influenza season got off to a slow start, the illness is now becoming widespread in many parts of the country, including both New York and New Jersey. Given that the late “peak” flu season is expected to continue well into May, employers should expect sick calls to continue for the foreseeable future.
When severe outbreaks develop, companies understandably wonder whether a bad case of the flu meets the requirements of a “serious health condition” under the Family Medical Leave Act (FMLA). Like many employment questions, the answer depends on the circumstances.
While the Department of Labor’s FMLA guidance lists the flu, along with the common cold, upset stomach, and headaches, as examples of conditions that generally do not qualify for FMLA leave, employers must analyze each claim to determine if it meets the following definition of a “serious health condition”:
An illness, injury, impairment, or physical or mental condition that involves:
Inpatient care in a hospital, hospice, or residential medical care facility; or
Continuing treatment by a health care provider.
In the most serious cases of flu, such as H1N1, hospitalization may be required. However, most claims fall under the second prong of the definition. To qualify as “continuing treatment,” the employee must be incapacitated for more than three consecutive days and seek continuing treatment from a health care provider. Treatment by a health care provider must be an in-person visit to a health care provider, and it must take place within seven days of the first day of incapacity.
With regard to “continuing treatment,” examples include a course of prescription medication, such as an antibiotic. However, the Department of Labor advises that taking of over-the-counter medications, bed-rest, drinking fluids, and other similar activities that can be initiated without a doctor’s visit do not qualify as continuing treatment for purposes of FMLA leave.
As highlighted above, the process for evaluating an FMLA claim can be both law and fact intensive. Accordingly, employers may want to seek the advice of experienced legal counsel.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Jorge R. de Armas or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
