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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…)

The CDC has issued an alert on Swine Flu, the H1N1 virus also called Swine Influenza A.

The complete OSHA guidance on Swine Flu Preparedness is available free to employers.

Although no immediate danger exists, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

The possibility of a global influenza epidemic – or pandemic – is not recent. For years, OSHA has recommended that every employer have plans in place for a major influenza epidemic, just as they have emergency plans to cope with a power outage or a severe winter storm.

A global influenza epidemic would occur when the flu virus mutated to produce a new strain. The popular flu shots would not be effective against the new strain. That is exactly the current situation with the swine flu.

There is no evidence that the current swine flu outbreak in Mexico will become a pandemic – but it is the type of flu that is most likely to cause a pandemic. This is a great time for employers to review their emergency precautions.

There has not been an influenza pandemic  since1918. The Spanish Flu afflicted 50% of the world’s population, affecting people in every city and town. About 50 million people died, a number comparable to 33% of the population of Europe at the time. The pandemic killed more people than World War I. 

Seasonal influenza outbreaks are usually fatal only to small children, the elderly and those with major health problems. Pandemics occur when a new strain of the virus appears, because humans have no antibodies to fight the new strains. Most of those who died from the Spanish Flu were otherwise healthy young people in their late teens, twenties or early thirties.

Because there would be no defense against the flu during a pandemic, employers are urged to have plans in place to minimize contact between employees. This would include allowing employee to work from home, and scheduling conference calls or remote meetings using laptop cameras, rather than face-to-face business meetings. They also urge that businesses such as retail stores use delivery or drive-thru windows to minimize contact between employees and the public.

During a pandemic, most businesses would suffer staffing shortages due to the absence of afflicted workers. Theaters, malls, restaurants and other public gathering places would likely be deserted, as people remained isolated in an attempt to avoid spreading the flu.

However, certain businesses would likely be overwhelmed by demand during an influenza pandemic. Pharmacies and grocery stores would experience unusual demand. Hospitals, doctor’s offices and clinics might be overwhelmed. Employers should make plans now – before they are needed – to deal with those situations.