See link for an article that could help:https://www.nolo.com/legal-encyclopedia/what-is-serious-health-condition-under-the-fmla.html
"Under the federal Family and Medical Leave Act (FMLA), eligible employees have the right to take time off to care for a family member with a serious health condition or to recuperate from their own serious health condition, among other things. (For information on other circumstances in which you might be entitled to time off under the FMLA, see Taking Family and Medical Leave.) Colds and other minor health concerns don't typically qualify for FMLA leave; the law is intended to provide time off only for more serious ailments. "
"The FMLA divides serious health conditions for which FMLA leave may be taken into these six categories:
- inpatient care
- incapacity for more than three days with continuing treatment by a health care provider
- incapacity relating to pregnancy or prenatal care
- chronic serious health conditions
- permanent or long-term incapacity, and
- certain conditions requiring multiple treatments."
We have employees who are uncomfortable and want to stay home. So - no FMLA.
Others were sick (likely colds) and were told by the doctors to stay home until symptoms are gone. So - FMLA?
Not correct. Most likely this is not considered a serious condition and is not covered by FMLA.
Others actually went to the doctor, were not tested but told they were presumed positive and to go home. FMLA - yes?
Probably correct. If this is the corona virus then it is likely considered to be a serious condition and would covered by FMLA. It depends on how serious the symptoms are but in this political environment I would not think that if it is presumed to be the COVID-19 virus, it would be covered under FMLA.
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