Facts on Employment Laws and H1N1 Flu

Is H1N1 flu a serious health condition under the Family and Medical Leave Act (FMLA)?

            It could be. The FMLA rule states that “ordinarily, unless complications arise, the common cold, the flu … are examples of conditions that do not meet the definition of a serious health condition.” However, complications can arise with H1N1 flu.

Is H1N1 flu an American with Disabilities Act disability?

            Probably not, since it usually is short term.

How might Fair Labor Standards Act requirements apply to employees who are out because of H1N1 flu?

For exempt employees, time away from work can be unpaid as long as it is in full-day increments if it is voluntary and initiated by the employee. For time off mandated by employers, the time away from work for exempt employees can be unpaid only in full-pay week increments. For nonexempt workers, time away can be unpaid, subject to paid-leave policies.

− Allen Smith, J.D., HR Magazine, October 2009