March 11, 2019

If you are an employer who is required to comply with FMLA (you have 50 or more employees working for your company), you should be mindful of those employees who are out with an illness for three or more consecutive days.  According to the FMLA requirements, an employee (or their family member) has a serious health condition entitling them to FMLA leave when they are receiving continuous treatment by a health care provider that results in an inability to work for more than three consecutive calendar days.  There are more requirements to when something is considered a serious health condition, but if you have an employee call out sick for three days in a row, it’s going to be time to do some more digging and find out if the leave may potentially qualify for FMLA.  Remember: an employee does not need to specifically state the letters F-M-L-A for an employer to be on notice of the need to start the FMLA process.  When an employer knows or has reason to know that an employee may have an-FMLA qualifying serious health condition, the employer must be proactive in starting the FMLA discussion.  myHRcounsel attorneys answer questions about the FMLA several times every day and are very well versed in all aspects of advising on this complicated law.  Contact them today with your FMLA questions.  Companies cannot afford to get this one wrong.