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A number of states have laws that prohibit the employer from terminating an employee when an official quarantine is implemented by state or federal public health officials.

The Center for Disease Control says that H1N1 is widespread in 48 states plus Puerto Rico and Guam at this time. Only Louisiana, Hawaii, the U.S. Virgin Islands and the District of Columbia are not seriously affected.

In Delaware, Iowa, Maine, Maryland, Minnesota, Kansas, New Mexico and New Jersey, the employee’s job is protected if the employee is subject to an official quarantine order by a public agency. In addition, Kansas and Maine protect the employee’s job if he or she must remain at home to provide childcare when the schools are closed under a public quarantine order.

In most states plus the District of Columbia, the “public policy” exception to employment-at-will may protect an employee who is under a quarantine order. This would include Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, new Mexico, north Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, (more…)

Employers need to be aware that in some cases, H1N1 virus can trigger FMLA.

While H1N1 influenza, the so-called “swine flu” is not always a serious health condition under FMLA, it can be in some cases. Many people with the H1N1 report that the symptoms are very similar to – and no more severe than – the seasonal influenza. In those cases, the employee with swine flu is not entitled to FMLA.

However, if the employee is admitted to a hospital, or is incapacitated for 3 days or more and requires continuing treatment, then the FMLA threshold for a serious health condition has been met. H1N1 is most likely to be severe for children, the elderly and those with compromised immune systems.

According to the Center for Disease Control, flu-related hospitalizations are very high compared to the average for this time of year – and the flu season is only beginning.

In order to be in compliance, every employer should follow the FMLA notification process whenever an employee is absent with H1N1 virus for several days. The employer can and should require certification of the employee’s or family member’s serious health condition.

Employees are also entitled to take unpaid, job-protected FMLA leave when an immediate family member has a serious health condition. So an employee whose spouse or parent has H1N1, and meets the definition (more…)

Although the worst of the Swine Flu scare is past, it is still smart for every employer to have a plan in place for an pandemic – a global influenza epidemic.

OSHA, the federal Occupational Safety and Health Administration, has partnered with the Southern California Education and Research Center to provide worker free safety seminars to employers.

The Southern California Education and Research Center based at UCLA is offering a one-hour webinar for employers, Preparing Your Business to Survive Pandemic Flu and Other Disasters.

Scientists say that new strains of influenza mutate spontaneously every year, so the risk will remain high for many years to come.

The SCERC offers three one-hour workshops onsite for businesses or organizations.

Topics include:  

1. Pandemic Flu – What Is It? How Can It Affect My Business?
2. Pandemic Flu – Hazards, Prevention and Exposure Reduction
3. Planning Workgroups: Individual Planning Exercises  

Employers can schedule a workshop with one, two or all three sessions.

The presentations address:

• Basic influenza info for all employees
• Operations panning for a major influenza outbreak
• Financial issues for Human Resources Pros
• Supply chain interruption
• Retaining Customers
• Resources 

For employers who prefer to participate in these free Swine Flu seminars online, there are two (more…)