This is a recent question that I’ve received from several readers. My first thought is that the flu is not a “serious health condition” as defined by the FMLA. But let’s take a closer look.

The FMLA defines a serious health condition as -

1. Hospital Care

    Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care.

If you had the flu and it required an overnight stay at a hospital or similar facility then your flu illness could qualify you for FMLA leave for the time that you missed work as a result. Of course, proper notice to your employer is also required.

The FMLA also defines a serious health condition as -

2. Absence Plus Treatment

    (a) A period of incapacity of more than three consecutive calendar days (including any, subsequent treatment or period of incapacity relating to the same condition that also involves:

    (1) Treatment two or more times by a health care provider, by a nurse or physicians assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist)
    under orders of or on referral by a health care provider, or

    (2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

If the flu incapacitates you for more than three consecutive calendar days and requires treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the provider’s supervision then your time off work would qualify for FMLA leave provided you gave the proper notice to your employer.

In most cases, the flu does not cause such period of incapacity accompanied by treatment nor does it require hospitalization but if you have a severe case of the flu then you may be eligible for FMLA leave.

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