Does FMLA apply if my child gets H1N1 or if the school is closed?

November 7, 5:59 PMPhiladelphia Employee Benefits ExaminerJoanne Apice, CEBS

Previous

Comment Print Email RSS Subscribe

Subscribe

Get alerts when there is a new article from the Philadelphia Employee Benefits Examiner. Read Examiner.com's terms of use.

Email Address   Include other special offers from Examiner.com Terms of Use

H1N1
AP Photo - -The Canadian Press, Fred Chartrand

You can apply for FMLA  if you are suffering from what is called a "serious health condition".  Does it apply to sickness or absences due to H1N1 illness or mandatory quarantine or closings?

If your child has the virus and was admitted to the hospital for treatment or is incapacitated for three or more days and receiving continuing treatment from a health care provider, you have met the "serious health condition" requirement and the leave can be covered under FMLA as long as you have met the 1250 hour requirement, been employed by your company for a year or more, and your company has 50 or more employees.  Be sure to contact your Human Resources Department for the appropriate paperwork.

If your child's school closes as a precaution, and your child has not had the virus, this is NOT covered under FMLA.  Even if there is a mandatory closing implemented by the state or federal government, this would NOT be covered under FMLA.  However, some states do recognize a "public policy" exception to the employment-at-will doctrine.

So, what is a parent  to do?  Check to see if your company:

• offers alternative work schedules
• offers the option to work-from home. 

Also, most companies do offer paid time off benefits such as sick, vacation, PTO, etc. so if you have some time remaining in your bank, now is a good time to use it.

FMLA has recently been expanded to include  caregiver leave provisions for military families under HR2647.  Be sure to check out my article  about HR2647.