Federal

Is covid covered under fmla

January 6, 2026federal-laws

Is COVID Covered Under FMLA? (What HR Needs to Know)

If you’re asking “is COVID covered under FMLA?”, the practical answer is: sometimes. The federal Family and Medical Leave Act (FMLA) can cover COVID-related leave when the employee (or a covered family member) has a “serious health condition” as defined by the law and regulations. Routine, mild COVID cases may not qualify—but complications, inpatient care, or ongoing treatment often can. Below is a focused, compliance-ready guide for HR teams and business owners managing FMLA COVID questions.

FMLA Basics: What Must Be True Before COVID Leave Is “FMLA Leave”?

Before evaluating the medical facts, confirm the leave request meets the threshold FMLA requirements:

Covered employer

FMLA generally applies to private employers with 50 or more employees within 75 miles, and to public agencies and schools (29 U.S.C. § 2611(4)).

Eligible employee

An employee is typically eligible if they:

  • Worked for the employer for at least 12 months, and
  • Logged at least 1,250 hours in the prior 12 months, and
  • Work at a site where the employer has 50 employees within 75 miles (29 U.S.C. § 2611(2)).

Qualifying reason

FMLA provides up to 12 workweeks of unpaid, job-protected leave for certain reasons, including the employee’s own serious health condition or to care for a spouse, child, or parent with a serious health condition (29 U.S.C. § 2612).

For related eligibility edge-cases, many HR teams also review worker classification, especially when individuals are not traditional employees—see SwiftSDS’s guide on are contractors eligible for fmla.

Does FMLA Cover COVID? The Legal Standard That Matters

The key question behind “does FMLA cover COVID” is whether COVID (or its complications) meets the regulatory definition of a serious health condition under 29 C.F.R. § 825.113.

COVID can be FMLA-qualifying if it involves, for example:

Inpatient care (most straightforward)

If the employee is admitted overnight to a hospital, hospice, or residential medical care facility, it generally qualifies as a serious health condition (29 C.F.R. § 825.114).

Continuing treatment by a health care provider

COVID may qualify where it involves “continuing treatment,” such as:

  • Incapacity for more than three consecutive calendar days plus treatment by a health care provider (or treatment followed by a regimen of continuing treatment), or
  • Certain chronic or long-term conditions requiring periodic visits (29 C.F.R. § 825.115).

Actionable HR tip: Don’t assume all COVID absences are FMLA. Track whether the employee is incapacitated and whether the condition triggers continuing treatment criteria.

Can You Get FMLA for COVID? Common Workplace Scenarios

Scenario 1: Mild COVID with short recovery

If an employee has mild symptoms and returns quickly without ongoing treatment, it may not meet the serious health condition threshold. Employers should still evaluate other applicable policies (paid sick leave, PTO, attendance policies, state/local rules).

Scenario 2: COVID with complications or extended incapacity

If COVID causes pneumonia, long recovery, significant respiratory issues, or other complications requiring ongoing care, the employee may be able to get FMLA for COVID if documentation supports the serious health condition standard.

Scenario 3: Long COVID (post-viral conditions)

“Long COVID” can qualify when it rises to a serious health condition (e.g., chronic condition requiring periodic treatment) and/or may implicate the ADA (more on that below). Employers should be prepared for intermittent or reduced schedule leave if medically necessary (29 C.F.R. § 825.202). For deeper guidance, see Can you work part time on fmla.

Scenario 4: Caring for a family member with COVID

FMLA may apply if the family member (spouse, child, parent) has COVID that meets the serious health condition definition and the employee is needed to provide care.

Scenario 5: Quarantine/isolation without serious illness

Exposure, precautionary quarantine, or isolation alone is not automatically FMLA unless the employee (or family member) has a condition meeting the serious health condition standard.

Compliance Steps: How HR Should Handle a COVID-Related FMLA Request

1) Treat notice broadly—don’t require “magic words”

Employees do not need to say “FMLA.” If they provide enough information to suggest FMLA may apply (e.g., diagnosis, ongoing care, incapacity), the employer should start the FMLA process (29 C.F.R. § 825.303).

2) Provide required eligibility/rights notices on time

Under DOL rules, employers must provide required notices (including eligibility and rights/responsibilities) within specific timeframes after learning leave may be for an FMLA-qualifying reason (29 C.F.R. § 825.300).

3) Use medical certification appropriately

Employers may require a medical certification (29 C.F.R. § 825.305). For COVID, the certification should address:

  • Diagnosis/condition facts (as allowed),
  • Expected duration,
  • Whether the employee is unable to perform essential job functions,
  • Need for intermittent/reduced schedule leave (if requested).

Actionable HR tip: Apply certification rules consistently. Overreaching requests can create compliance risk.

4) Maintain benefits and reinstate properly

During FMLA, employers generally must maintain group health benefits on the same terms as if the employee continued working (29 U.S.C. § 2614(c)), and restore the employee to the same or an equivalent job upon return (with limited exceptions).

5) Track time precisely—especially for intermittent leave

For COVID complications and long COVID, intermittent leave is common. Ensure payroll/HRIS tracking aligns with the smallest increment used for other forms of leave, consistent with FMLA rules (29 C.F.R. § 825.205).

Coordinate FMLA COVID With ADA and Anti-Discrimination Obligations

Even when COVID is not covered under FMLA, it may still trigger obligations under other laws.

ADA: reasonable accommodation may apply

If COVID or long COVID substantially limits a major life activity, it may be a disability requiring the interactive process and reasonable accommodation. SwiftSDS resources for HR teams include ada hr and practical documentation guidance in ada forms for employers.

EEO considerations

Apply policies consistently to avoid disparate treatment and retaliation risk. For broader context, see as it pertains to employment opportunity the eeo strives to and SwiftSDS’s summary of 5 rights of workers.

Pay, PTO, and Posting Compliance: Avoid Common COVID Leave Mistakes

FMLA is unpaid—but paid leave can run concurrently

FMLA itself is generally unpaid, but employers may require or employees may elect to substitute accrued paid leave consistent with policy and the law (29 C.F.R. § 825.207). Ensure your handbook rules are clear and consistently administered.

Know your posting and notice landscape

While FMLA has its own notice requirements, employers often manage compliance as part of a broader posting program. Maintain current federal labor postings and wage/hour notices; for example, the DOL’s Employee Rights Under the Fair Labor Standards Act poster may be relevant to overall federal compliance efforts.

Because posting obligations can vary by jurisdiction, confirm requirements using SwiftSDS location pages like Federal (United States) Posting Requirements and, where applicable, California (CA) Posting Requirements.

State and local leave programs may cover what FMLA doesn’t

Many states and cities have paid sick leave or family/medical leave programs with different eligibility rules. If you operate in multiple states, review jurisdiction-specific rules (for example, Florida (FL) Labor Law Posting Requirements or Ohio (OH) Labor Law Posting Requirements) and coordinate them with your federal FMLA process.

FAQ: FMLA COVID Questions

Is COVID covered under FMLA automatically?

No. COVID is not automatically covered. It must meet the FMLA definition of a serious health condition (e.g., inpatient care or continuing treatment) and the employee must be otherwise eligible.

Can you get FMLA for COVID if you’re isolating due to exposure?

Not by itself. Exposure or precautionary isolation alone typically does not qualify unless the employee develops a condition that meets the serious health condition standard (or you’re caring for a covered family member with a qualifying condition).

Does FMLA cover long COVID?

It can. Long COVID may qualify if it results in incapacity and meets the serious health condition criteria (often through chronic/ongoing treatment). It may also implicate the ADA, requiring an interactive process and possible accommodations.

SwiftSDS compliance takeaway: When evaluating FMLA COVID requests, anchor decisions to the serious health condition criteria in the FMLA regulations, issue notices promptly, use certification consistently, and coordinate with ADA/state leave obligations where applicable.