Posted on September 8, 2009 by Beverley Rogers

H1N1 in the Workplace - Be Prepared

Good news, bad news.

Bad news first:  Health officials are warning there will be another H1N1 virus outbreak this fall, potentially worse than last year’s.

Good news: The Center for Disease Control (CDC) anticipates that an H1N1 vaccine will be ready for distribution by mid-fall of 2009. Connecticut Governor Jodi Rell announced that she will be making the flu vaccines free for all Connecticut residents. (The Ridgefield VNA is already planning flu and pneumonia clinics).

If there is flu pandemic, big business will likely go on as usual. However, according to a national survey recently conducted by the Harvard School of Public Health, only one-third of businesses believe they can sustain operations without severe problems, if half their workforce were on sick leave for two weeks due to swine flu. Those in a smaller workplace should take precautions now.

Business Week suggests that employers update employee contact information and develop a “pandemic preparedness plan.” The Connecticut Employment Law Blog (CELB) offers specific steps from the CDC’s website, including encouraging sick workers to stay home, and providing flexible leave policies.

Employers should consider consulting an attorney for potential issues that may arise: what are the confidentiality guidelines for disclosing information about an employee’s health? How much sick leave do you have to provide?  We hope it would not be often needed but, in case of complications triggered by the flu, the Family and Medical Leave Act provides eligible employees with certain provisions of unpaid leave. CELB discusses other legal issues that may be of interest to employers.

According to the CDC, the best advice regarding H1N1 is relatively simple: cover your mouth when sneezing or coughing, wash hands well, and stay home when sick.
 

 

 

 

 


 
 

 

 
 
 
 

 

 

 

 
 

 


 
 
 
 
 
 
 

 
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Posted on July 7, 2009 by Beverley Rogers

A Perspective on Reasonable Accommodation

A story about the reasonable accommodation for a dog was brought to my attention by the New Jersey Employment Law Blog.

The employer accommodated the disabled employee with the service dog, but did not accommodate the dog with non-skip strips on the floor. A court disagreed with the employer. NJELB rightly points out that this is new: an accommodation for an accommodation.

But here’s my perspective: was the dog serving the role of the “canary in the coal mine”? Apart from any accommodation, was it in the employer’s own self interest to eliminate the condition that was probably also unsafe for humans?

The case is from Montana, far from our usual coverage area. But employers everywhere should be cautious about overlooking their own self-interests and look for the win-win.
 

Image:  Suzi Q, a certified service dog, working in snow in Finland - - also far from our usual coverage area, but it’s a nice photo.  Courtesy Wikimedia

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