This post was co-authored by Labor + Employment Group lawyer Christopher Costain.
Flu season, which extends into spring, can be a particularly long season for manufacturers, especially when their workforces and workplaces are significantly impacted by the illness. Below are reminders for manufacturers about the various legal implications related to the flu and its impact on the workplace.
Link to Paid Sick Leave Paid Sick Leave
Employees who contract the flu without significant medical complications may be able to use accrued paid sick leave under the law and under an employer’s policy to cover time off to seek medical treatment or to rest and recover. Many states and localities have implemented paid sick leave programs in recent years requiring employers to provide paid sick leave to employees in connection with their own illnesses in addition to providing care to family members. In addition to the new paid sick leave laws, existing laws continue to develop, expanding the qualifying reasons for the permitted use of leave and the definitions of family members who are covered by the law. Manufacturers should stay up to date with applicable paid sick leave laws and ensure compliance with changing requirements as employees seek to use their accrued leave to recover during flu season.
Link to Family and Medical Leave Family and Medical Leave
Although the flu generally does not trigger protections under the federal Family and Medical Leave Act (FMLA) or its state equivalents, employees may be entitled to job-protected leave if they, or their covered family member, are suffering from a particularly severe case. Specifically, cases of the flu that involve medical complications may trigger FMLA protections if they constitute a “serious health condition,” meaning they involve either inpatient care or continuing treatment by a healthcare provider. Where the flu and related medical complications incapacitate an employee for more than three calendar days and require a course of continuing treatment, the employee may be entitled to leave under the FMLA.
In reviewing employee requests for leave in connection with the flu, manufacturers should be aware that mere communications between an employee and a healthcare provider, such as communications through a provider messaging portal or by telephone or email, generally do not constitute continuing treatment under the FMLA. Additionally, manufacturers should keep in mind that they may require employees to submit a certification from a healthcare provider supporting the need for FMLA leave.
Link to Reasonable Accommodations Reasonable Accommodations
Generally, short-term illnesses such as the flu and the common cold are not considered disabilities under the Americans with Disabilities Act (ADA) and therefore do not entitle an employee to leave as a reasonable accommodation. However, short-term or temporary conditions that are sufficiently severe or involve complications may meet the definition of “disability” under the Americans with Disabilities Act (ADA) by substantially limiting one or more of the employee’s major life activities. In such rare cases, and to the extent an employee is not otherwise eligible for or has exhausted their available job-protected leave under the federal or state FMLA, employees may be eligible for leave as an accommodation under the ADA. In such cases in which an employee not otherwise eligible for leave under the FMLA requests leave as an accommodation under the ADA, manufacturers should engage in the interactive process to determine whether an accommodation is necessary.
Link to Managing Leave and Time Off During Flu Season Managing Leave and Time Off During Flu Season
As the 2026 flu season continues to impact business operations throughout winter and into spring, manufacturers should ensure that managers are managing employee absence and leave consistent with their policies on attendance, absences, leave, and time off, as well as applicable law. Managers should be reminded to confer with Human Resources about these issues before taking action, to ensure such actions are consistent with the law and relevant policies. In addition, employers who suspect that there may be employee abuse of their time-off and leave policies should consult competent legal counsel to address these issues.