An employee who works for a covered employer and is sick, or is caring for a family member who is sick, with COVID-19 may be entitled to leave under the FMLA under certain circumstances. An FMLA-eligible employee can take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons, including a serious health condition as defined by the FMLA.

The most common serious health conditions that qualify for FMLA leave include:

• conditions requiring an overnight stay in a hospital or other medical care facility;
• conditions that incapacitate the employee or the employee’s family member (for example, unable to work or attend school) for more than three consecutive days and that include ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care, such as prescription medication); and,
• chronic conditions that cause occasional periods when the employee or the employee’s family member is incapacitated, and which require treatment by a health care provider at least twice a year.

See the the Department of Labor COVID-19 and the Family and Medical Leave Act Questions and Answers for more information. See the Workplace Fairness website for more information on the FMLA.

Some state and local authorities have implemented or modified paid leave requirements or benefit programs to accommodate employees affected by COVID. However, some of these laws and changes were temporary and were effective only during the height of the COVID-19 pandemic. Research your state’s COVID sick leave laws for current and accurate information.