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Can my employer require me to apply for FMLA if I was out for 5 days with a cold?

Asked almost 3 years ago - Conway, NH

I've contact the DOL and they laughed. We discussed it not being a qualifying condition or have a qualifying treatment. My employer says I am Required to apply and that I am also required to have my Dr file out a form also.

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Bruce Alexander Minnick

Reputation Level 9

Answered almost 3 years ago. Employment / Labor Attorney in Tallahassee, FL.

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No. Having "a bad cold" does not qualify any person as having an "illness" justifying special treatment and/or coverage under the Family Medical Leave Act. If it did there would be at least 50% fewer people going to work whenever having the sniffles these days!

Employers trying to "push" people into taking advantage of the FMLA appear to be up to no good; in fact they are probably trying to avoid paying sick leave pay or vacation leave pay to their sick employees. Sick leave taken under the FMLA does not have to be paid leave time; employees taking FMLA time off are not paid if the employee has no more sick leave or no annual leave time available.

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