Frequently Asked Questions -

Q: Is an employee with an Ebola infection entitled to leave under the Family Medical Leave Act?

A: Generally, an employee who needs time off from work because he or she is sick, or must care for a family member who is sick, will qualify for Family Medical Leave Act (FMLA) leave if the circumstances of the illness meet the definition of a “serious health condition” as described in the statute and regulations. The FMLA defines a “serious health condition” as an injury or impairment that involves either inpatient care ina hospital, hospice, or residential medical care facility, or continuing treatment by a health care provider. Given the severity of the symptoms of an Ebola infection, including fever, vomiting, and impaired kidney and liver function, and the requirement of inpatient care for treatment, an Ebola infection qualifies as a “serious health condition.” For this reason, an employee who needs time off from work to treat his or her own Ebola infection, or that of a family member, is entitled to leave under the FMLA.