If I understand correctly, FMLA cannot be used for the flu. We are not accepting doctors notes at my present employer. If an employee misses 3 days or more, what recourse does he or she have?

Another question is are doctors notes acceptable? I have heard so much about this subject. So the example would be an employee misses 3 days due to the flu and returns with a doctors note. Do I or can I accept it?

Thanks

In some cases, the flu would be covered under FMLA. It depends on whether the specific individual's specific case of flu met the definition of a "serious health condition" under the statute. If it meets the definition, and both employer and employee otherwise qualify, you must apply FMLA.

Outside of FMLA situations, and in very rare cases ADA situations, a doctor's note has no force in law. Whether or not to accept it is entirely up to the employer. No law says you must; no law prohibits you from doing so.

Much thanks! The issue that the employees have is going through all the steps required of FMLA for missing 3 days due to the flu. All I can say is it's the law.

If they choose not to go through the steps for FMLA (by which I assume you mean having the paperwork completed by the doctor and returned) then you are under no obligation to apply FMLA protections and the absence would be subject to whatever attendance policy you may have in place.

YOUR obligation is to see that they are notified of their right to FMLA if you even suspect that an illness or injury might qualify. (You can always assign FMLA conditionally.) But if you fulfull your obligation and they fail to follow up, that's their problem, not yours.