In the cold, sadistic world that is the FMLA, the Department of Labor tells us that ordinary, run-of-the-mill headaches (a/k/a βnon-migraineβ headaches) are not covered by the FMLA. Migraine headaches, on the other hand, are covered. When I try to explain the difference in FMLA training sessions for employers, they often look at me like I have two heads.
Home > Federal Law Articles > FMLA > Serious Health Conditions > Now This is a Headache! Employee Terminated for Migraine Headaches Can Advance FMLA Claim