WHAT YOU NEED TO KNOW ABOUT SWINE FLU IN YOUR WORKPLACE
Government officials estimate that up to 40 percent of the workforce will be affected by the H1N1 flu, also known as swine flu, this fall. Employers can expect high absentee rates as workers call in sick or stay home to take care of ill family members or children who must stay home from school. Take steps now to promote good health, get ready for reduced staffs and take care of workers who catch the flu.
Prepare Your Workplace
The most important thing you can do is prepare, rather than react. The EEOC has developed a comprehensive sheet providing information on how to prepare for a Pandemic in the workplace. Click here to get that information.
Take Care of Employees
- Encourage workers to practice good cough etiquette and hand hygiene and to clean shared work areas—computer terminals, phones, conference rooms, etc.
- Take particular care of employees with known serious health conditions, as they are more susceptible to the H1N1 virus. Consider allowing them to work separately from others or from home during an outbreak to minimize exposure.
- Keep an eye on employees. If someone shows flu symptoms (see below), ask them to go home. Don’t pressure them to return to work before their fever has broken.
- Know who to contact if one of your employees is ill. The company may choose to inform others in your work area that they may have been exposed to the H1N1 virus.
- Be a good role model. If you are sick, stay home.
- Stay in periodic contact with ill workers who are at home.
- Don’t discriminate against people who might have H1N1 flu or have been exposed to the virus.
- Know your company’s leave policies so that you can explain them to your employees. Apply them consistently to all of your employees.
Keep Business Moving
- Identify critical functions and the skills needed to complete them.
- Inventory your employees’ skills. Who has the skills to complete critical functions?
- Cross-train workers so more employees can complete more critical functions.
- Identify which workers can serve as substitutes for others.
- Keep an eye on absentee rates. If they appear to be rising, get ready to move your employees into their cross-trained roles. If any of those roles require certification or other preparation, make sure the cross-trained employees are up-to-date before moving into their new roles.
- Consider virtual meetings instead of face-to-face gatherings. Try to limit contact among employees to halt the spread of the virus.
- If possible, allow employees to work staggered shifts to reduce the number of people in the workplace. Allowing workers to commute outside of rush hour can also help reduce contact with potentially ill people on mass transit.
Communicate to Your Employees
Communication should be a key component of all employers’ pandemic management plans. You can help relieve worker fears by providing assurances that they are tracking illness trends and have a plan for keeping the business going in the event of a local outbreak. RSJ/Swenson has compliled a list of questions and answers that you can distribute to your employees.
Q & A
Q: May an employer track whether or not employees and their family members or associates have contracted H1N1 influenza? If so, and as part of that tracking, may the employer require them to disclose whether they have, or have been exposed to, H1N1 influenza?
A: Yes. During a pandemic, the Americans with Disabilities Act (“ADA”) permits employers to require employees to disclose whether they have or have been exposed to pandemic influenza. Employers also may ask about employee's family members and associates. Employers should be aware, however, that treating an employee adversely because of a family member's or associate's disability is prohibited by the ADA. To protect privacy rights, the ADA requires employers to keep medical information confidential (i.e., maintained on a separate form and in a separate medical file).
The Equal Employment Opportunity Commission has issued a guidance, “ADA-Compliant Employer Preparedness For the H1N1 Flu Virus,” which you may find helpful.CLICK HERE TO DOWNLOAD SWINE FLU WORKPLACE FAQ'S
Copyright © 2009 RSJ/Swenson LLC. All Rights Reserved.
All materials, training, and services offered by RSJ/Swenson LLC are offered and sold with the understanding that it is not engaged in rendering legal counseling or other professional service. If legal counseling or other professional assistance is required, the services of a competent practitioner in the relevant area should be sought.
RSJ/SWENSON SPECIAL REPORT
MANAGING THE SWINE FLU
November 2009
November 2009This special report, like all materials, training, and services offered by RSJ/Swenson LLC are offered and sold with the understanding that it is not engaged in rendering legal counseling or other professional service. If legal counseling or other professional assistance is required, the services of a competent practitioner in the relevant area should be sought.
At RSJ/Swenson, our mission is to support businesses like yours with training, products and services designed to reduce your liability and simplify your life. We work with you to put together your employee handbook; to ensure you're compliant with state and federal labor laws and practices and provide non-harassment training. Give us a call at 818.461.1874 or visit our web site at www.rsjswenson.com and see how our solutions can benefit your business.
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