Can Your Business Survive Swine Flu?

Health officials are predicting that up to 40 out of 100 Americans could get H1N1 flu, also known as swine flu. With that much absenteeism on the horizon, businesses may find themselves nearly shut down if several key individuals become sick or must stay home with sick children.

Of course, the first line of defense against swine flu is to get employees vaccinated. Unfortunately, a severe shortage of swine flu vaccine is expected, meaning many people in the workplace will have to wait to get vaccinated against the H1N1 flu. It is also impossible to mandate that employees be vaccinated. There are several steps employers can take to not only protect their staff, but manage business continuity when faced with widespread absenteeism.

Containment and Contingency Plans

The following steps can help businesses and their employees cut down on the spread of communicable diseases, such as the flu, in the workplace, and prepare for potentially high absenteeism:

Begin working from home. Begin or expand on at-home work, telework, and teleconferencing as ways to separate and isolate employees. Encourage all employees that are able to regularly work from home to do so—once a week, for example, or for two- or three-day periods each month. This will help them transition to full-time remote employment if and when a severe flu or other illness sweeps through the community.

Cross-train employees. Cross-train as many employees as possible, especially employees performing critical tasks. This will increase the chance that employees can fill in for each other.

Outsource work. Identify jobs and tasks that you can outsource.

Identify essential functions. Identify essential functions and jobs, and develop a plan to keep these essential functions going with 30 percent to 40 percent fewer people. Battle the spread of flu virus and other disease “bugs” as soon as possible by:

Stockpiling alcohol-based hand sanitizers and surface cleaners.

Distributing hand sanitizers (such as alcohol hand gel) to each employee or to each work area. An alternative to hand sanitizing gel is a small spray bottle filled with 70 percent rubbing alcohol.

Stockpile a supply of respiratory facemasks.

Improve air circulation and air filtration in work areas.

Require that employees practice workstation sanitation. (For example, spraying keyboards regularly with  a 70 percent rubbing alcohol solution and applying sanitizer or alcohol to hands periodically throughout the workday.)

Promote healthy habits. Encourage employees to practice normal healthy hygiene, cleanliness, and illness prevention habits.

Following are examples:

Wash hands with soap often, especially after touching public handrails, doorknobs, elevator buttons, and after using the restroom.

Keep hands away from the face, especially away from the eyes, nose, and mouth.

Do not come to work when ill.

Assure your employees of their job security. Discourage employees from coming to work while they are ill. Assure employees that their jobs are secure, while actively discouraging employees—even prohibiting employees—from coming to work while ill. Beef up your paid sick leave, paid time off, and paid vacation benefits. Urge employees to bank some of their paid leave for use in an illness emergency.

Adopt a generous leave benefit policy. Prepare a quarantine benefit policy in advance. Consider providing paid leave to employees who are absent from work because of a quarantine imposed by civilian or health authorities.

Cut in-person meetings. Replace in-person meetings, especially those requiring travel, with video conferencing and e-conferencing.

Legal Risks and Considerations

In addition to concerns about employee health and business continuation, the swine flu epidemic also raises legal issues for employers.

Take employees’ legal protections into consideration. Employees with health problems are protected from discrimination by law. Before denying employees access to the workplace or sending employees home because of fears of flu exposure, consult with your attorney about your obligations to provide a safe workplace for your employees, and your legal obligations not to discriminate against employees with health problems.

Leave rights. Family and medical leave laws (at the federal and state levels), and employers’ paid leave policies may give many employees protection when taking leave to deal with their own serious health condition or with the serious health conditions of family members. (Not all cases of flu meet the legal definition of a “serious health condition,” so in making decisions regarding granting or denying leave under family and medical leave laws, consult with an attorney familiar with such laws).