Serious Health Condition

flood.jpgNatural disasters like the kind we recently have witnessed in the flood-ravaged areas of the southern United States raise a host of issues for employers.  Some wonder whether they are required to pay their employees during suspended operations; others are unsure whether and to what extent health benefits should be offered.  But what about an employer’s obligation to

Q: Can an employee take FMLA leave due to a cold or the flu? 

A: Yes, if it otherwise meets the definition of a “serious health condition.”

This question is confusing to many employers, and even some folks who hold themselves out FMLA experts. The source of this confusion is a misleading passage in the