Legal Question in Medical Leave in Tennessee

fmla

my employer has told me that i am not covered under fmla unless an ilness requires me to take ''leave'' and that a doctor gives to them in writing why i need to be off work to care for a member of my immediate family. is this true or am i covered for such things as the flu? the term of ''serious ilness'' is quite vague. thanks in advance for your reply.


Asked on 1/13/09, 8:00 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: fmla

There are several requirements for FMLA coverage. Among them, in scenario that you are discussing, is that you or a family member suffer from a serious illness. There are several parts to the definition of a serious health condition and they are covered in detail at www.dol.gov.

Generally, something 'simple' like the flu is not covered because it is not a serious health condition. The condition, as certified by your doctor, must have rendered you incapable of your work for 3 days with follow-up treatment and/or necessitated in-patient hospital care.

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Answered on 1/13/09, 11:08 am


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