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 the H1N1 flu that may result in it being considered covered by the FMLA.
Is H1N1 flu considered a disability under the Americans with Disabilities Act?
Probably not, since the flu is usually short term.
How should employers record time off for employees who are out with the H1N1 flu and comply with the Fair Labor Standards Act?
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 exempt 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.
