This is not a time to panic, but it’s important to be prepared, notes Carolyn Plump, a labor and employment attorney at Mitts Milavec, LLC. For example, employers should be familiar with the Family Medical Leave Act, which gives workers up to 12 weeks of unpaid leave to care for themselves or a family member.
She also explains that there are other ways employers can be prepared, such as revising attendance and leave policies and updating employees’ home phone and address lists.
“Employers have a keen interest in keeping staff healthy and in containing the spread of a disease, not only for the obvious reason of employee welfare but also to keep business operations running and to minimize liability exposure,” says Don Dowling, an employment attorney at White & Case LLP.
Still, “there are some serious legal implications for multinational employers to consider, including involving existing overseas health and safety committees and worker representatives, providing medical care/vaccinations in the workplace and imposing travel bans and quarantines – all while weighing these precautions against stringent privacy and employment laws,” he adds.
“Telework is not a ‘break glass in case of emergency’ solution,” says Cindy Auten, general manager, Telework Exchange. “As households stock up on necessities and watch for school notices, organizations must embrace telework now to inoculate themselves against the swine flu threat. We encourage workers across America to ask their managers about telework options now,” she adds.
So far, officials from the Centers for Disease Control and Prevention have reported 109 confirmed swine flu cases from 11 states, up from 64 cases in five states on Tuesday. In the United States, one death has been reported.
Law analyst Brett Gorovsky of business publisher CCH says: “Employers need to discourage both the ‘hero employee’ – and even more so, the ‘hero boss’ – who try to muddle their way through the day when they shouldn’t.” He notes that workers are “sensitive to the differences between what management says and what it means, and when they see their supervisors coming in sick, they’re convinced that’s what’s expected of them also.”
Moreover, employers should develop pandemic plans, which may also help address their everyday presenteeism issues. “Many organizations that take these steps will then roll out [pandemic plans] as part of their overall HR practices, making sure they’re adequately addressing employee illness, whether it’s just a mildly severe flu season or a serious pandemic,” says Gorovsky.
CCH recommends the following basic steps to prepare for a pandemic:
- Identify a pandemic coordinator or team with defined roles and responsibilities for preparedness and response planning;
- Identify key employees and key work processes required to maintain business operations during a pandemic;
- Establish (or review) an emergency communications plan;
- Seek up-to-date information from local and state health and emergency management resources; and
- Remind employees to get in the habit of washing their hands often and cover their mouths and noses when they cough and sneeze.
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