Flu got you down? Read twice, then call your lawyer
The flu is spreading like wildfire! So, is a flu-caused absence protected under the Family and Medical Leave Act (FMLA)?
Calling out sick
Here’s a typical scenario:
Employee is off for four days. He calls in and says he has the flu. He returns to work. The company has an absence control policy.
The question: Are the absences FMLA-protected, in which case they shouldn’t be counted against the employee’s absence allotment? If they are protected yet counted, then any discipline for a policy violation is an FMLA violation!
Establish a checklist
Here’s an idea: Provide the employee with an FMLA certification to complete and return to you.
Understand what triggers FMLA protection:
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