Is upper respiratory infection covered under FMLA?

Is upper respiratory infection covered under FMLA?

Example: A district court held that although an employee’s gastroenteritis and upper respiratory infection were not considered serious health conditions under the FMLA, the employee’s child’s throat and upper respiratory infection were serious health conditions entitled to FMLA protection.

What illnesses fall under FMLA?

FMLA – Serious Health Condition

• Alzheimers disease;
• chronic back conditions;
• cancer;
• diabetes;
• nervous disorders;
• severe depression;
• pregnancy or its complications, including severe morning sickness and prenatal care;
• treatment for substance abuse, multiple sclerosis;

Is a virus considered a serious health condition under FMLA?

Answer 1A: Yes, the cold or flu may be a serious health condition for FMLA purposes, if the individual is incapacitated for more than three consecutive calendar days and receives continuing treatment by a health care provider, as defined in the regulations.

Does FMLA cover asthma?

Chronic serious health conditions covered by the FMLA may include asthma, diabetes, and epilepsy. The FMLA covers conditions that require periodic visits for treatment, specified as at least two visits per year with a health care provider.

Does FMLA require a diagnosis?

You do not have to tell your employer your diagnosis, but you do need to provide information indicating that your leave is due to an FMLA-protected condition (for example, stating that you have been to the doctor and have been given antibiotics and told to stay home for four days).

Does FMLA cover strep throat?

Answer 2B: If an illness such as strep throat incapacitates someone for a period of more than three consecutive calendar days and involves continuing treatment by a health care provider (including a course of prescription medication like an antibiotic), the condition qualifies as a serious health condition for purposes …

Is pneumonia FMLA eligible?

Refusing to Recognize Qualifying Conditions An ailment such as the common cold (not usually covered by FMLA) could turn into a condition that does, such as bronchitis, strep throat, or pneumonia. In addition, eligible employees can also take FMLA leave to care for family members suffering from a serious illness.

Does FMLA require doctor’s note?

No. An employer cannot require a physician’s note every time an employee misses work while taking FMLA intermittent leave. The term “physician’s note” is not referenced in the FMLA; recertification, however, is.

Can an employee work with strep throat?

People with strep throat should stay home from work, school, or daycare until they no longer have a fever and have taken antibiotics for at least 12 hours. This will help prevent spreading the bacteria to others.

What are the qualifications for FMLA?

In order to be eligible to take leave under the FMLA, an employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work at that location or within 75 miles of it, and (4) have worked for the employer for 12 …