Resources to help employers prepare for influenza (flu) season and potential pandemic outbreaks of contagious disease. This Legal Update includes a discussion of Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) considerations.
News reports about contagious disease outbreaks in the US have increased over the past several months. First came reports of a rampant and at times fatal outbreak of Enterovirus D68 that has affected children throughout the US. In the past few weeks, two patients in the US were diagnosed with the Ebola virus, which has surged in West Africa during 2014. Finally, October kicks off the annual influenza (flu) season, which typically lasts several months.
A pandemic or a flu or other contagious disease epidemic can lead to pervasive absenteeism as employees or their family members fall ill. Employee absenteeism can impact an employer's bottom line. To minimize the potential impact, employers should take steps to prepare for seasonal flu and potential pandemic outbreaks, including:
Providing employees with products to remain healthy while in the office.
Encouraging employees to stay home when they are ill without fear of reprisals.
Reminding employees of available paid or unpaid time off.
Reviewing its policies and procedures to ensure the employer:
has procedures in place for sending home employees who become ill, particularly those with symptoms of any widespread contagious disease; and
complies with the Occupational Safety and Health Act recordkeeping requirements by setting out the procedures for employees to report workplace illness.
Emergency Planning
Employers should also consider assessing their vulnerability in the event of a pandemic or flu or contagious disease epidemic and developing a preparedness plan. The plan should detail the steps the employer should take in the event of a pandemic or widespread medical emergency to: