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Be Prepared: Employer Considerations during Outbreaks of Contagious Disease or Influenza
Practical Law Legal Update 6-584-3511 (Approx. 5 pages)
Be Prepared: Employer Considerations during Outbreaks of Contagious Disease or Influenza
by Practical Law Labor & Employment
| Published on 14 Oct 2014 • USA (National/Federal) |
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.
- Understanding when employees may be covered by leave or accommodation protections under the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA).
- Having an effective emergency preparedness plan in the event of a pandemic or other widespread medical emergency.
For state laws that may place more or different obligations on employers, see State Q&A Tools under Related Content.
Employees in the Workplace
All employers can protect employees from workplace exposure by implementing basic precautions at the workplace, for example:
- Providing alcohol-based hand sanitizer and disinfectant wipes.
- Encouraging employees to stay home when they are sick and reassuring them they will not be penalized.
- Ensuring managers set a good example by staying home when they are sick.
- Reminding employees about available paid or unpaid time off, including:
- sick time;
- vacation time; and
- flexible or optional time.
- Consider alternative flexible work arrangements, such as telecommuting (for a model telecommuting policy, see Standard Document, Telecommuting Policy).
Employer Policies and Procedures
In addition, every employer should consider:
- Offering voluntary vaccines at the workplace.
- Having measures in place to assess whether employee illnesses or family care needs fall under the FMLA or ADA.
- Implementing a leave-sharing program (see Standard Document, Leave Sharing and Vacation Donation Policy for Medical Emergencies).
- 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:
- Protect employees.
- Ensure continuity of the employer's business.
For resources on emergency and business continuity planning in an emergency or natural disaster, see Practice Note, Emergency and Business Continuity Planning and Emergency and Business Continuity Planning Checklist.
For related resources and best practices, see Practical Law's: