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FMLA question. Michigan

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  • FMLA question. Michigan

    I currently have Walking Pnuemonia. My regular days off were Thursday and Friday. I took sick days on Saturday and Sunday and am taking a vacation day on Monday.

    I have been sick the entire time. I have gone to the Doctor and have recieved a slip stating the illness.

    Will I be able to use FMLA for this absence since I have been off for over 3 days with what I see as a serious medical illness? Or would I have to had used over 3 sick day?
    Thank you for any help,
    Tony

  • #2
    Regular run-of-the mill illnesses of 3 days or less are not covered under FMLA.
    See here under Serious Health Condition.
    http://www.dol.gov/esa/regs/compliance/whd/1421.htm#2f
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you for the link!

      I realize that it doesn't apply to conditions lasting under three days. I have now taken 5 off.

      In the description of serious illness it lists asthma. I also have asthma which has flared up with the walking pnuemonia. So with a total of 5 consecutive days off you don't believe they will consider pnuemonia a serious illness?

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      • #4
        Here is the thing; just having asthma does not mean your absences are automatically covered as serious health conditions. If the asthma is the reason you needed to be off then it might. There are essentially 3 ways to determine if a medical illness qualifies under FMLA. 1.It requires hopitalization. 2. It requires at least 2 visits to a health care professional. 3. It requires one visit and an ongoing regimine of care.

        Run of the mill illnesses that are of a short duration and are not expected to leave lasting effects are generally not covered. Pneumonia is iffy as some people take only a day off if that, and are fine. Others can spend days or weeks in the hospital with it. Just knowing your diagnosis isn't what makes or breaks it as FMLA.

        In this case, based only on what you wrote, I'd say it isn't FMLA as you only went to the doctor once and Monday you are off for another reason, though you may not be feeling 100%. Since you weren't off due to an asthma attack or treatment for your asthma, the fact that it is lurking in the background would not push this into tyhe serious health condition category.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Thank You Elle.

          My fault for leaving out some details. I've taken today (monday) off to return to the Dr. because I'm having trouble breathing and I really do not know what the cause is. It may be asthma or it may be the pneumonia....it just doesn't feel like a normal asthma attack.

          But this will be my second Dr.'s visit for this ongoing illness so I'm keeping my fingers crossed that it's covered under FMLA.

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