In recent months, news outlets from around the country have reported on the impending Zika virus outbreak expected to impact the United States this summer. The threat of a global Zika epidemic has even caused some to call for the cancelling of this year’s Olympics in Rio de Janeiro, Brazil. The specter of plague has led to highly publicized debates within the federal government, while the legislature attempts to determine how much emergency funding will be required to quell a potential outbreak on a larger scale. With no vaccine to prevent a Zika infection, companies that make bug repellent are running factories near capacity as they anticipate surging demand. The U.S. Environmental Protection Agency is also expediting the approval process for alternate pesticides. In light of the significant trepidation caused by the potential Zika outbreak, many employers may be faced with situations where employees refuse to work (or travel for work) in areas affected by Zika out of fear of contracting the virus.

The spread of Zika has increased rapidly in U.S. territories such as the commonwealth of Puerto Rico, where more than 1,400 confirmed cases have been recorded according to the Center for Disease Control and Prevention (CDC). Presently, the Zika virus is spreading rapidly throughout many parts of South America and the Caribbean islands. U.S. companies with operations, or do business in, geographic areas where the Zika virus is spreading can expect many of their employees to express significant concern for their personal safety and health. Female employees expecting to become pregnant or currently pregnant, as well as male employees engaging in sexual conduct, may be particularly concerned about potentially contracting the Zika virus. Under the Occupational Safety and Health Act (OSHA), employers must furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to employees.