Is H1N1 covered under the Family Medical Leave Act?

In certain circumstances, workers or their family members who contract the H1N1 virus may be eligible for FMLA leave. The degree of illness needs to constitute a serious health condition.

According to FMLA rules, this must involve inpatient care at a medical facility or continual treatment by a health care provider. For example, if an employee visits a health care provider and is prescribed medication or is hospitalized, then this meets the definition criteria of serious health condition under FMLA. The same holds true if an employee’s spouse, child or parent visits a health care provider and is prescribed medication for the condition or is hospitalized.

Examples of situations where leave relating to H1N1 virus would be covered by FMLA include:

• Employee contracts H1N1 virus, visits a doctor and is given prescription for the virus;
• Employee contracts H1N1 virus, visits a doctor and remains in the hospital overnight for observation; or
• Employee takes leave to care for a spouse, child or parent with the H1N1 virus and the spouse, child or parent visits a doctor and is given a prescription.

Examples of where leave relating to H1N1 virus would not be covered by FMLA include:

• Employee has a mild case of H1N1 virus and does not visit a health care provider;
• Employee takes leave to care for a spouse, child or parent who is believed to have the H1N1 virus, but the infected family member does not visit a health care provider;
• Employee is on leave as a precautionary measure because they have been exposed to the H1N1 virus; or
• Employee does not go to work for fear of contracting the H1N1 virus.

What does the CDC recommend under current flu conditions?

1. Advise employees to stay home if sick until 24 hours after their fever is gone.
2. Encourage respiratory etiquette and hand hygiene. (Consider installing a complimentary dispenser of anti-bacterial gel for employees’ regular use.)
3. Separate employees who become sick and ask them to go home.
4. Routinely clean surfaces that get frequent hand contact. (Have cleaning materials readily available so it gets done.)
5. Encourage sick employees at risk for complications to seek medical care as soon as possible.
6. Prepare your business by cross-training employees. (If the receptionist is the only one who knows how to transfer a call, your business would be in trouble if they are out sick.)
7. Encourage flu vaccines. (Consider arranging to have them available at work through your wellness program.)
8. Provide information to employees working out of state and overseas.