Workplace Challenges of Swine Flu

The reality of swine flu has now reached the American workplace, and employers are struggling to implement responses that protect their healthy employees, guard the privacy of stricken employees, and comply with applicable national, state, and common law requirements. Because appropriate employer responses require knowledge of several different areas of employment law such as employment, OSHA, employee benefits, and insurance law, it is essential that employers do not permit overexcited media coverage to push them into taking actions that may be illegal and frightening to employees.

Much has been written about immediate and longer-term emergency preparedness plans, including the need for assigning responsibilities, communication, quarantine and attendance matters, travel restrictions, supply chain continuity, and insurance review. While these topics are indeed very important planning steps, employers must deal with a number of emergent issues and immediate questions that arise when confronted with a possible or confirmed case of swine flu within the workforce. This LawFlash addresses those issues.

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