Ask the Expert: FMLA Eligibility Requires Treatment Within 7 Days of Incapacity

Question: One of our employees has been in and out with cold and flu symptoms, but he was recently diagnosed with strep throat. The leave originally wasn’t classified as Family and Medical Leave Act (FMLA) leave, but because the official diagnosis occurred almost a month after the first missed workday, does the time he took off since day one fall under the FMLA?

Answer: Assuming the employee is otherwise eligible for FMLA based on hours worked and length of service, his eligibility...