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COVID-19 and the FMLA

On Behalf of | Mar 19, 2020 | Employment Law |

The Federal Family and Medical Leave Act requires that employers with 50 or more employees provide 12 weeks of unpaid leave to eligible employees.

You will be eligible for FMLA leave if you worked for your employer for at least a year, and have worked 1,250 hours in the last 12 months.

If I am diagnosed with COVID-19, can I get FMLA leave? Yes, possibly. FMLA leave is allowed if you have “a serious health condition” that makes you unable to perform the essential functions of your job. Whether a COVID-19 infection entitles you to FMLA leave will depend upon the seriousness of your illness and your job duties.

If a family member is diagnosed with COVID-19, can I get FMLA leave? Yes, possibly. FMLA leave is allowed to care for a spouse, son, daughter, or parent who has a serious health condition. Whether a family member’s COVID-19 infection entitles you to FMLA leave will depend upon the seriousness of your family member’s illness.

What does it mean to “care for” my family member under the FMLA? You must be needed to provide care.  Some examples of providing care are when your family member is unable to care for his or her own medical, safety or other needs or needs help getting to the doctor, or to provide psychological comfort and reassurance to your family member.

How can I request FMLA? The safest way to ask for FMLA leave is to ask your employer specifically for FMLA leave.

Can my employer ask for proof? The employer can require medical certification to support your request FMLA for yourself or your family member. If you cannot get the medical certification in the time limit set by your employer, you must ask for an extension.