| The Fourth Circuit Court of Appeals recently ruled that the flu was a “serious health condition” warranting Family Medical Leave Act (FMLA) protection. In that case, the employee was diagnosed with the flu, severe dehydration and a low white blood cell and platelet count.
A doctor instructed her to take over-the-counter medication and return in a few days for a reevaluation. The urgent care center gave her a three-day work-excuse slip, and her doctor provided certification to the employer of the employee’s incapacity to work for at least three consecutive days involving treatment two or more times.
The employer rejected the employee’s request for FMLA leave, and fired her for repeated attendance problems. The employee sued, and both the federal district court and Court of Appeals agreed with her contention that the flu can be covered by the FMLA’s definition of “serious health condition.” The court also upheld the lower court’s award of back pay plus interest.
Department of Labor regulations state that “common ailments such as the flu normally will not qualify for FMLA leave because they generally will not satisfy the regulation criteria for a serious health condition.” But this case shows a common ailment like the flu may qualify for FMLA protection if it otherwise falls within the definition of “serious health condition.”. | 
