First the economy, now a swine flu outbreak?
Employers across the country are starting to get nervous about a potential flu pandemic hitting their workforces, note employment lawyers, who have seen an uptick in phone calls in recent days from clients seeking advice on how to prepare for a potential biological crisis.
The World Health Organization on Monday reported that the swine flu outbreak in the U.S. has grown to 40 confirmed cases — double the number from the day before. That doesn't mean companies should panic — just be prepared, said employment attorney Edwin Foulke, former head of the U.S. Occupational Safety and Health Administration and partner at Atlanta's Fisher & Phillips.
"We don't want to be alarmists. Yet at the same time, you clearly want to be in the position of being proactive," said Foulke, who co-chairs the firm's workplace safety and catastrophe management practice group.
"Even though a pandemic has not been declared, you still want to be prepared. Because to be quite frank — if you don't prepare now and a pandemic hits, you won't be able to address the issue once it hits."
Foulke, who was head of OSHA from 2006-2008, said his firm has been getting calls from clients since Friday. "They're kind of saying, 'Well what should we be doing to get prepared for this?' "
Foulke advises the following.
For starters, employers should understand the Family Medical Leave Act, which gives workers up to 12 weeks of unpaid leave to care for themselves or a family member. He noted that a flu pandemic could have potentially half a work force asking for FMLA leave. Should that happen, he said, "The law is pretty clear on that...the law doesn't say that only 10% of our work force can be out," Foulke said. "It doesn't matter how many people are asking for time off. If they're entitled to FMLA leave, they're entitled to get it."
Other advice to employers:
• Stockpile face masks, especially if your employees have high exposure to the public, such as in grocery and convenient stores, or the health care setting.
• Provide free or discounted flu shots and tetanus shots.
• Revise attendance and leave policies to ensure that people who have to take time off don't get penalized for it.
• Update your employee home phone and address list.
• Have a disaster communications policy in place.
• Allow for loans and hardship withdrawals from 401(k) plans.
"The goal is to keep the business community operating," he said. "We want to keep America running."
