Employment Alerts: The H1N1 Virus in the Workplace

THE H1N1 VIRUS IN THE WORKPLACE: PREPARATION, NOT PANIC

While the early stages of the H1N1 flu virus in the U.S. appear to be similar to other seasonal flu outbreaks, the reaction and the attention to the early reported cases show that it is being taken very seriously. The first impact in the workplace may be on employees whose children are at home because of extended school closings. If the outbreak progresses as is feared, there will be other challenges for employers.

Employers who prepared for the anticipated avian flu outbreak several years ago can update their plans; others who intended to implement a plan but never finished should now review how they will respond to a significant H1N1 outbreak.

 Prior to any planning, employers have to address a number of questions, including:

• How will you deal with employees who exhaust leave because of extended absences due to closed schools?
• How will you deal with the increase in employee absenteeism for longer periods of time?
• How do you deal with employees who are reluctant to come to work because of concerns that the work place might be contagious?
• Will you expand paid sick days relating to H1N1 flu to encourage sick employees to stay home?
• Is telecommuting a viable option, and if so, how do you implement and oversee it?
• How will you monitor to determine if the policies are being abused by employees?
• If an employee has been absent because of the flu, under what conditions will you allow her/him to return?

Planning an Employer’s response to the initial stages of the H1N1 flu virus should consider the following:

Designation of a Coordinator to Oversee the Planning and its Implementation:

• It is important to have one person be responsible for creating and monitoring the plan and dealing with issues which may arise.

Maintenance of a Healthy Work Place:

• Employees should be reminded of healthy hygiene practices even though they may seem obvious
• Provide hand sanitizers and tissue at desks, bathrooms, and kitchen areas.
• Remind employees to stay home if sick, and send employees home who appear/act ill.

Review Attendance and Leave Policies:

• The H1N1 flu virus is likely to be considered a serious health condition for purposes of the Family Medical Leave Act. Review the procedures for handling leave requests from employees
• Review and consider revision of employee compensation and sick leave/ absence policies to deal with issues unique to a pandemic; incorporating non punitive leave policies with additional time off; review/establish policies concerning sending employees home that are symptomatic and allowing employees to return to work. Employees confronted with school closings may rapidly exhaust sick days/leave.
• Consider current practices concerning paid leave and continuation of benefits, and determine whether and to what extent additional leaves will be paid or unpaid and whether any adjustments need to be made in light of the unique nature of a potential pandemic.

Telecommuting and performing essential functions:

• Review the existing telecommuting policy. If none exists, consider implementation so employees can work from home.
• Identify critical job functions and plan how such functions will be performed in the event of illness or absenteeism. Determine whether the functions can be performed on a remote basis. Determine whether the functions can be performed on a remote basis.

For further information contact:

C. John Holmquist, Jr., Esq. (248) 721-8184
Gregory M. Meihn, Esq. (248) 721-8183
Jana M. Berger, Esq. (248) 721-4200