Compensation Solutions Blog » H1N1

House of Representative Introduces Sick Leave for Flu-Related Illnesses

Teresa DeSousa — Thu, 19 Nov 2009 20:56:34 +0000

In response to the flu pandemic, the U.S. House of Representatives introduced legislation requiring employers with 15 or more employees to provide up to five (5) days of paid sick leave for workers they send home or advise to stay home with the flu or other contagious diseases. The legislation would apply to both full time and part time workers, and would exclude employers who already provide at least five days of sick pay. Further, if an employer believes an employee is well enough to return to work and notifies them of that belief, they can end paid sick leave and the employee can continue on unpaid leave under the Family Medical leave Act (FMLA) or other available leaves.

If the bill is passed into law, it would take effect within 15 days of being enacted, and would expire after two years.

The text of the bill can be found at http://www.govtrack.us/congress/billtext.xpd?bill=h111-3991

How to Determine Whether You Have a Cold, Flu or H1N1

Teresa DeSousa — Wed, 11 Nov 2009 20:01:19 +0000

With the advent of the cold season, complicated by the flu pandemic, it is important to understand the symptoms of each. The best advice is always to stay home if you are feeling ill. Also, wash your hands frequently, or use a hand sanitizer if hand-washing is not feasible, and avoid physical contact with other people. Also, sneezing into your elbow is much better than sneezing into your hands.

Employers should explore alternate working arrangements, such as allowing employees to work from home, and should substitute teleconferencing for face-to-face meetings.

Symptom	Cold	Seasonal Flu	H1N1
Fever	Rare	Common	Fever is usually present in 80% of all cases. A temperature of 100 degrees or higher for 3-4 days is associated with the H1N1 flu.
Coughing	Hacking, productive (mucus-producing) cough is present.	A dry, hacking cough is usually present.	A dry cough is usually present.
Aches	Slight body aches and pains can be associated with a cold.	Moderate body aches	Severe aches and pains are common.
Stuffy Nose	Common with colds and typically resolves spontaneously within a week.	Commonly present.	Not commonly present.
Chills	Uncommon.	Mild to moderate.	60% of people with H1N1 have chills.
Tiredness	Fairly mild.	Moderate.	Moderate to severe; can last 7-10 days.
Sneezing	Common.	Common.	Not commonly seen.
Sudden Symptoms	Tend to develop over a few days.	Symptoms tend to develop over a few days and last 4-7 days. Symptoms include a flushed face, loss of appetite, dizziness and vomiting. Diarrhea is also common.	Rapid onset, within 3-6 hours. It includes sudden symptoms such as high fever, aches and pains. Diarrhea is also common.
Headache	Uncommon.	Fairly common.	Present in 80% of H1N1 cases.
Sore Throat	Common.	Common.	Not common.
Chest Discomfort	Mild to moderate.	Moderate.	More severe.

EEOC Issues Guidance for Employers for Workplace Planning During Pandemic

Teresa DeSousa — Mon, 09 Nov 2009 18:35:25 +0000

In the midst of the H1N1 pandemic, the EEOC has issued an awareness document for employers, to educate them on their rights and requirements. In “Pandemic Preparedness in the Workplace and the Americans With Disabilities Act” (http://www.eeoc.gov/facts/pandemic_flu.html), the EEOC states that:

An employer can ask an employee if he/she would be unavailable for work under non-disability-related conditions, such as care for a child in the event of a school closing or care for other dependents. The question must be stated in a way that will allow the employee to answer “yes” or “no” without specifying anything further.
An employer can send an employee home if the employee shows flu-like symptoms. Such an action is not ADA-related. The action would also be permitted under the ADA if the employee’s illness posed a direct threat. The employer can ask the employee if he/she has symptoms, but must retain all information concerning the illness in strict confidentiality in compliance with the ADA.
Employers can ask employees to telecommute instead of coming to the workplace during a pandemic.
An employer may NOT mandate a flu vaccination regardless of religious beliefs or medical conditions. Employers are better served to simply encouraging their employees to get the vaccine.
Employers may require post-offer medical examinations to determine overall health, as long as the standard is applied consistently to all new hires.