Employers Are Stepping Up Measures to Deal with H1N1 Flu Outbreak

10/28/2009

As cases of the seasonal and H1N1 flu are increasing, employers are reminded of the key role they play in protecting employees' health and safety as well complying with the myriad of laws and regulations that come into play in such an outbreak. Planning for the disruption that is inevitable in the event of pandemic influenza is critical but, in addition, employers must be aware of their obligations under the Family and Medical Leave Act, the Americans with Disabilities Act, the Minnesota Human Rights Act, the Fair Labor Standards Act, Workers' Compensation laws, employee privacy laws and other such laws.

Employers are already reminding employees of basic steps that can be taken to reduce the spread of the flu and other illnesses such as proper hygienic practices, limiting face-to-face meetings during peak periods of flu outbreak, and staying home when ill. The Secretary of Labor for Occupational Safety and Health Act ("OSHA") and the Centers for Disease Control ("CDC") have issued guidelines and recommendations for employers that include:

  • Developing a pandemic flu plan that includes communication strategies and in some cases, telecommuting options;
  • Connecting with the local health department;
  • Reviewing sick leave policies for flexibility and to encourage employees to remain away from work while ill, without negative consequences;
  • Encourage sneezing and coughing etiquette;
  • Allow employees to stay home to care for sick family members;
  • Add a link to employer websites so employees can find access to the latest flu information;
  • Purchase and make available flu supplies such as alcohol based soaps, hand-cleaners and sanitizers;
  • Require Personal Protective Equipment such as respirators and/or surgical masks in appropriate situations;
  • Encourage hand-washing and social distancing;
  • Develop cross-training to ensure continuity of operations.

Employers face tough questions such as whether or not they can require employees to get vaccinated; whether employees exhibiting symptoms of the H1N1 flu can be involuntarily sent home; when an employee who has had H1N1 flu may return to work; whether an employer may require a fitness-for-duty doctor's note for an employee returning to work; and whether H1N1 automatically is considered an FMLA-covered serious health condition.

Employers with questions about how to best respond to the H1N1 flu are encouraged to contact Stacey DeKalb at 612 336-9310 or stacey@lommen.com or Diane Odeen at 612 336-9315 or diane@lommen.com in the Lommen Abdo Employment Practice.


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