May 2009

Michael A. Gamboli, Esq.
Michael J. Murray, Esq.
Alicia J. Samolis, Esq.

Employers are being faced with a barrage of issues arising out of the swine flu influenza (also being referred to as H1N1 virus). Employers need to act swiftly and thoughtfully to address these issues.

Employers should take time to educate their workers about how daily hygiene can prevent infection. For example, simple acts like avoiding contact with infected persons, washing one's hands frequently, or avoiding touching your own ears, nose and mouth, all go a long way toward staying healthy. Employees can also be directed to the Center for Disease Control (CDC) website for information and answers to frequently asked questions. See www.cdc.gov/swineflu/

Importantly, employers should be careful to avoid exposure to discrimination or other employment claims when addressing individual needs for leave. Granting or mandating leaves for employees who are infected, exposed, or in fear of exposure raises issues under ADA, OSHA, FMLA and other laws.

The swine flu influenza is at this time a very fluid issue; there is new data being published almost by the hour, and it is certain that the level of understanding of the potential impact of this virus will be better understood in the coming days and perhaps weeks. The CDC and OSHA are likely to adopt specific guidelines on many issues shortly, but in the interim employers are advised to make sure their workers understand that the employer is aware of the issues and is looking out for the workers and the company's best interests by addressing the issues in a prompt and thoughtful manner.