Blog Post: Managing Through A Pandemic: Implications of the Swine Flu (H1N1) for HR Professionals

The onset of a pandemic has wide-spread implications yet few employers have communicable disease policies to address the implications a pandemic can have in the workplace. To develop one, to even acknowledge that one might be important or necessary, would require management to face terrifying truths. As many HR professionals already struggle to convince upper management to take seriously their requests for job descriptions, how are they to coordinate the drafting of a communicable disease policy?

The Centers for Disease Control and Prevention ("CDC") reported at 11:00 A.M. on May 4, 2009 that seven cases of H1N1 flu, commonly called swine flu, were confirmed in Colorado. While seven is a relatively small number, the cost of failing to contain an outbreak could be catastrophic. As workplaces provide a fertile breeding ground for any virus, HR must step-up and play its role in preventing the spread of communicable diseases such as the swine flu.

The CDC cautions all to stay informed, follow public health advice and take everyday precautions to stay healthy, including staying home if you get sick. The CDC also encourages families to "develop a family emergency plan" including storing a supply of food, medicine, face masks, alcohol based hand rubs and other essential supplies.

How can HR help? HR can serve as an information source, passing on important information from the CDC, and can help employers gather and disseminate information. In addition, HR would be wise to update policies that come into play when people fall ill and answer questions that employees will ask. Consider the following:

· FMLA and/or Other Sick Leave Policies. Policies should be reviewed to address the potential illness, and resulting absence from work, associated with a pandemic.

· Discipline. What will you do if employees refuse to come to work because they are afraid of exposure? Will they be punished for job abandonment, or will exceptions be made?

· Pay. If a workplace is closed, what portion of the workweek will be paid? What wages is the employer required to pay?

· Staffing. At what point will you encourage employees to stay home or institute alternative work arrangements? What if staffing is drastically reduced? What duties may employees be need to complete outside of their normal job description? What staff is "critical" and how will your business operate on an essential-staff-only crew?

· Military. If employees are called up for service during a pandemic, what are an employer's obligations under Federal and state law?

· Scheduling. If the goal is to avoid crossing paths, should employees work on split schedules? Should some work from home?

· Family Issues. If employees request leave to care for sick family members, what information are you allowed to request, and what information is off-limits?

· Medical Examinations. Under what circumstances may an employer request medical examinations of employees who are well? Those who are returning from leave due to illness? What if employees insist on returning? The EEOC recently issued guidance to help employers stay compliant with the ADA in response to issues raised by the H1N1 virus. (See www.eeoc.gov/facts/h1n1_flu.html), HR professionals should study this guidance and be prepared.

· Leave Policies. Is there leave employees can use in such a situation?

· Other Assistance. If employees need help dealing with the crisis, do you have EAP or other counseling resources in place or readily available?

· Discrimination. HR also should be prepared to address any hostile environment or adverse action taken based on national original, i.e. against those employees from Mexico.

HR plays a crucial role in managing workplace crisis. A potential pandemic presents unique issues, and must be managed appropriately. Policies provide guidance for staff in tough times. Taking the time to sort out the answers to some of these issues before the true crisis arrives is the best defense.

Sources: www.cdc.gov/h1n1flu; www.pandemicflu.gov

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at lhazen@irelandstapleton.com or by phone at 303-623-2700.

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.