The recent news about the H1N1 flu virus is the stuff HR nightmares are made of.  According to a recent study, it appears there have already been over 1,000,000 cases of this flu in 2009, and we have yet to hit ‘flu season.’  The Center for Disease Control and Prevention (“CDC”) has made H1N1 prevention its top priority, and the World Health Organization is preparing for up to one-third of the world population to be infected by the virus.  No one, it seems is immune.  The President of Colombia, Alvaro Uribe, is just one of many who recently learned he is infected by the H1N1 virus. 

In an effort to help employers prepare for an outbreak in the workplace, the CDC has released these new H1N1 guidelines. The CDC notes that the impact of the H1N1 flu is unknown, but it urges employers to take steps to prepare for the worst case scenario and to adopt a response plan that is flexible and capable of responding to any level of outbreak. 

The CDC’s guidelines focus on prevention and on cooperation between employers and employees to reduce the spread of the virus.  For example, the guidelines urge employers to develop a preparedness plan that encourages employees with flu-like symptoms to stay home, operating with reduced staffing, reducing the number of face-to-face meetings and non-essential travel and, where feasible, having employees telecommute if they have a high risk of serious medical complications from infection.   

The guidelines provide a list of “Actions Employers Should Take Now”:

• Review or establish a flexible influenza pandemic plan and involve your employees in developing and reviewing your plan;
  
  
• Conduct a focused discussion or exercise using your plan, to find out ahead of time whether the plan has gaps or problems that need to be corrected before flu season;
  
  
• Have an understanding of your organization’s normal seasonal absenteeism rates and know how to monitor your personnel for any unusual increases in absenteeism through the fall and winter;
  
  
• Engage state and local health departments to confirm channels of communication and methods for dissemination of local outbreak information;
  
  
• Allow sick workers to stay home without fear of losing their jobs;
  
  
• Develop other flexible leave policies to allow workers to stay home to care for sick family members or for children if schools dismiss students or child care programs close;
  
  
• Share your influenza pandemic plan with employees and explain your policies, workplace and leave flexibilities, and pay and benefits that will be available to them;
  
  
• Share best practices with other businesses in your communities (especially those in your supply chain), chambers of commerce, and associations to improve community response efforts; and
  
  
• Add a “widget” or “button” to your company Web page or employee Web sites so employees can access the latest information on influenza: www.cdc.gov/widgets/ and Social Media campaigns.

There are many other resources available to employers.  For example, The CDC and the Department of Health and Human Services and Department of Homeland Security have provided “A Communications Toolkit for Businesses and Employers” on this topic.

In addition, OSHA also has suggested a number of measures to protect employees in the event of a flu pandemic.  It recommends that employers develop pandemic flu plans specifically tailored to the needs of their worksites (see http://www.osha.gov/Publications/influenza_pandemic.html).

We understand that the flood of information can be overwhelming.  We have modified our September 16th program to include practical, succinct best practices and risk management strategies for our clients and friends.  If you have not already registered for this program, please click here to do so.   We will also have a white paper available for you on this topic after the seminar.  We hope to see you there!

Thank you to Tamsen Leachman for preparing this article.  Tamsen and the other members of the Employment & Labor Team are available to answer any questions or provide further guidance. 

Employment and Labor Law Team

Leader:Tamsen Leachman
Bob Allen
Laura Althouse
Tim Bernasek
Jack Cooper
Dan Drazan
Elizabeth Knight
Irene Scruggs
Sam Smith
Renee Stineman

SEPTEMBER 2009