The U.S. Department of Labor (DOL) has issued Q&As on the federal Family and Medical Leave Act in the context of COVID-19 and other public health emergencies. Under the FMLA, covered employers must provide eligible employees with up to 12 weeks of job-protected, unpaid leave for specified family and medical reasons, which may include the flu where complications arise. Employees on FMLA leave are entitled to the continuation of group health insurance coverage under the same terms as before they took leave.
The Q&As include the following key points, among others:
- The FMLA provides leave for an employee’s serious health condition or to care for a family member’s serious health condition;
- The FMLA does not provide leave for avoiding the workplace out of fear of contracting a disease.
- The FMLA does not require leave for employees caring for dependents who have been dismissed from school or child care.
- Employers requiring a doctor’s note should consider that healthcare resources may be overwhelmed during a pandemic, making it difficult for employees to obtain appointments or verification that they are no longer contagious.
Many of the DOL’s answers encourage employers to consider flexible leave policies for their employees. The Q&As also address the application of the Americans with Disabilities Act to employee leave issues.
Author
NARFA
Recent Posts
Here are 3 Ways to Use Your HSA To Get Care During Mental Health Month
Mental health is just as important as physical health, and it's important to seek help if you're struggling. But mental health care can be expensive, [...]
Compliance Alert: Form I-9 Flexibilities Ending; Check Documents by August 30
As we let you know last October, the end date for the COVID-related I-9 verification flexibility was (and still is) scheduled for July 31, 2023. [...]
May is Mental Health Month: EAPs Are A Great Resource
Employee Assistance Programs (EAPs) are confidential, short-term counseling and referral services offered by employers to their employees and their families. EAPs can provide assistance with [...]