Avila & Shaddow Attorneys at Law
Southern California 866-450-4LAW
San Fernando Valley 818-676-9658
Nationwide Toll Free 866-450-4LAW
E-mail icon Se habla español
Main navigation search

Aggressive Protection of Your Rights Under The Law Schedule a Consultation

FMLA and cold and flu season

As the holidays quickly approach more people will be gathering together to celebrate. When large groups of people get together, germs are likely to be spread around. Winter is commonly known as cold and flu season, and these holiday gathers will certainly contribute to the spread of these common illnesses. As a result, many California workers will be forced to use sick days in order to recover at home.

Thankfully, the Center for Disease Control has not predicted a bad flu season this year, but people will still get sick. Many California workers may be wondering if the Family Medical Leave Act is available if they get sick from a cold or the flu.

Under this employee law, FMLA only covers serious health conditions and normally a cold or the flu do not meet the standard necessary for FMLA protections, unless complications arise. If complications arise from the cold or the flu, California employees may be eligible for FMLA protections. For example, if a person is forced to take antibiotics, hospitalized or incapacitated for more than three days then FMLA may apply. In these cases, employees will need to evaluate the situation on a case by case basis.

This cold and flu season it is important for California employees to remember that they have federal protections that protect their jobs if serious illness were to arise. However, people must make sure that they qualify for FMLA protection before relying on it.

For employees that do qualify for FMLA protections, they should remember that they may be entitled to compensation if their employer chooses to violate FMLA. Depending on the facts in each case, employers may be responsible for compensatory and punitive damages.

Source: Business Management Daily, "On eve of flu season, know what FMLA covers," Nov. 6, 2013

No Comments

Leave a comment
Comment Information
  1. Peer Review Rated For Ethical Standards & Legal Ability | AV PREEMINENT
  2. Consumer Attorneys Association of Los Angeles
  3. Avvo
  4. LACBA, Los Angeles County Bar Association
  5. Super Lawyers
  6. California Employment Lawyers Association

Need Help? Have Questions? Contact our attorneys for immediate assistance

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Southern California
21800 Oxnard Street
Suite 1180 - Penthouse
Woodland Hills, CA 91367

Toll Free: 866-450-4LAW
Phone: 818-676-9658
Fax: 818-337-7265
Map & Directions