In yesterday’s Advisor, attorney Susan Schoenfeld briefed readers on the issue of colds, flu, and the FMLA. Today, what the courts have to say, plus a solution that may eliminate the problem—a corporate wellness program
What the Courts Say
At least two federal appeals courts have weighed in on the issue of flus and colds and the FMLA, both finding that the flu and other viral illnesses could be protected under FMLA, says Schoenfeld, a Senior Legal Editor at BLR.
In the case of Miller v. AT&T Corp., the 4th Circuit (covering Maryland, North Carolina, South Carolina, Virginia, and West Virginia) held that as long as FMLA’s definition of a serious health condition is met, the flu could qualify for coverage.
Similarly, in Rankin v. Seagate Tech., Inc., the 8th Circuit (covering North Dakota, South Dakota, Nebraska, Minnesota, Iowa, Missouri, and Arkansas) held that a viral infection that met the statutory requirements was an FMLA qualifying illness.
So, says Schoenfeld, when addressing FMLA eligibility, employers are left to conduct a case-by-case analysis. In this analysis, the employer will need to investigate whether each sick employee requesting FMLA leave meets the eligibility criteria for a FMLA-covered serious health condition.
Corporate wellness programs show great ROI. And they are win-win—employees feel better and are more productive, and employers reap the benefits. Even small improvements make a difference. Test drive Workplace Wellness with no cost or risk plus receive a free special report.
And here are a few recent questions on FMLA from the BLR’s Ask the Expert:
Q: An employee was certified for intermittent FMLA to care for her spouse, who is seriously ill. A doctor estimated she would need leave for 1 day every 8 weeks, but she has taken 3 or 4 days a month for the past 3 months. Can we ask for recertification?
A: At the very least, you can ask for recertification every 30 days. Under certain circumstances, you can ask for it more often than that: If the circumstances described by the original certification have changed, if you get information casting doubt on the validity of the employee’s stated reason for leave, or if the employee asks for an extension of leave.
Q: An employee went out on medical leave 2 weeks before qualifying for FMLA, which she will do while she’s out. Is she eligible for FMLA leave once she reaches her 1-year anniversary?
A: Yes, she is. But you can’t make the 12-week FMLA leave allotment retroactive to include the 2 weeks of medical leave before she reached her 12-month anniversary.
What’s the best bet for avoiding FMLA cold and flu hassles? A wellness program that keeps people at work.
Well-structured and well-run wellness programs can generate ROIs of up to 300 percent—music to management’s ears! But the key words are “well-structured” and “well-run.” Poorly structured programs just spin their wheels—no health benefit and no positive ROI, either.
Many readers have told us that BLR’s comprehensive guidebook, Workplace Wellness: Healthy Employees, Healthy Families, Healthy ROI, has helped them get programs up and running that achieve wellness objectives with a great ROI while avoiding the legal hassles that, these days, seem to accompany any worthwhile venture in HR.
Wellness—NO downside! Impressive ROI, so management is happy. Better health, so employees are happy. And that means HR is happy! BLR’s Workplace Wellness is the key to developing your workplace wellness program. Try it now and receive a FREE special report!
It’s a comprehensive guide that takes you step-by-step through setting up a program, from convincing management all the way through creating and implementing a viable plan for your workplace. The guide also includes a vast collection of ready-to-use forms, handouts, and checklists that both structure your program and provide the metrics to prove its effectiveness to management’s satisfaction.
If you’d like to examine Workplace Wellness: Healthy Employees, Healthy Families, Healthy ROI on a no-cost, no-obligation basis for 30 days, we can arrange for you to do so. Let us know and we’ll be happy to set it up. Plus, we’ll give you a free special report just for trying it out, that’s yours to keep no matter what you decide.