On top of the ordinary cold and flu season this year, the entire world is preoccupied with COVID-19 or the “coronavirus.”

If you want information (or often, misinformation) about the virus itself, there are plenty of places to find it, but this isn’t it!

If you need to miss work because you (or someone in your close family) get the coronavirus, you may be entitled to job-protected leave under the Family and Medical Leave Act (FMLA).

How do I know if I’m protected by the FMLA?

In order to be entitled to job-protected leave from work, you have to meet a few qualifications:

You must have been employed by this employer for at least 12 continuous months;
You must have worked at least 1,250 hours (slightly more than 24 hours per week on average) in the last 12 months;
Your employer has to have at least 50 employees within a 75 mile radius from your location;
You must meet the definition of a “serious health condition.”

What is a serious health condition? It has a quirky statutory definition. Don’t automatically assume that your illness, even though serious, is a “serious health condition” within the meaning of the FMLA.

First, if you’re admitted to the hospital, it is a serious health condition.

Second, if you’re under continuing treatment by a health care provider, it is a serious health condition.

But what is continuing treatment? It has to involve: a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, and either two visits to a health care provider, or one visit to a health care provider coupled with a regimen of continuing treatment under the supervision of the health care provider. The “regimen” can include prescription medication or treatment, but usually has to be more than just regular over-the-counter medication and rest.

Federal regulations already suggest that the flu or a cold, without complications, are not “serious health conditions” under the FMLA.

Since the coronavirus seems to be more likely to result in pneumonia-like complications, it may be more likely to be covered by the FMLA.

This is a pretty tricky and nuanced area of the law, so if you have questions or concerns about your serious health condition and the FMLA, you should talk to a qualified attorney.