Human Resources: Employers Must Prepare for Possible ‘Swine Flu’ Pandemic, and That’s No Hogwash

Philadelphia – September 27, 2009 – World governments and health organizations are closely monitoring the Novel H1N1 flu (swine flu). Since it was first identified this spring, every U.S. state has had confirmed cases of the virus, the World Health Organization signaled that a global pandemic was underway, and just this past weekend President Obama declared a national emergency to deal with the “rapid increase in illness.”

However, Pepper Hamilton LLP attorney Heather A. Hoyt asserts that “it is not time to panic. It is time to think strategically, be proactive and prepared, but also to be careful that new employer initiatives to respond to any pandemic, while well-intentioned, don’t run afoul of established employment and privacy protections.”

While no one can predict the timing and severity of a pandemic, thus far, the H1N1 flu has been relatively mild, with effects similar to the seasonal flu. Most people who contracted this flu have recovered, even without medical treatment. Even so, the Centers for Disease Control and Prevention (CDC) estimates millions of deaths, hospitalizations, and doctor visits worldwide stemming from even a relatively mild pandemic, which can significantly affect the operations of governments, businesses, schools and health care providers.

Hoyt urges employers to be proactive and to address how they will sustain operations in the event of a pandemic.

“Businesses will play an important role in protecting employees’ health, and in limiting the impact that a pandemic will have on the economy overall,” Hoyt says. “All businesses should have a plan in place, but businesses in sectors such as health care, banking, energy and telecommunications have a special obligation to plan for an outbreak, since others depend upon them to maintain operations.”

Hoyt advises that employers appoint a pandemic coordinator who will be responsible for:

-- the company’s planning process.

-- addressing how a pandemic could affect the operations and finances
of the company, as well those of its suppliers, vendors and contractors.

-- maintaining up-to-date pandemic information from reliable sources,
such as the CDC and local public health agencies.

Hoyt suggests that employers plan for the pandemic’s impact on employees, including:

-- estimating employee absences and identifying positions essential
to the business.

-- cross-training employees, and developing ways to function in the
absence of employees holding key positions.

-- planning for the increased use of e-mail and teleconferencing to
minimize face-to-face contact.

-- considering implementation of precautions like sneeze barriers
and improved ventilation.

Hoyt also urges employers to adopt revised sick leave policies to use in case of a pandemic. “Liberal leave and non-punitive repercussions will encourage ill employees to remain home during a pandemic,” she says. “Work arrangements such as telecommuting, flexible work hours and staggered shifts are also helpful parts of a pandemic plan. These measures can minimize employees’ and customers’ exposure to the flu and slow its spread at work.”

Communication to employees also is essential to any plan. Hoyt says employers should:

-- arrange to have the company’s Web site provide up-to-date information
regarding the pandemic

-- distribute materials explaining pandemic fundamentals, including
strategies to reduce the spread of the flu through good hygiene

-- anticipate employees’ fears over a pandemic

-- provide clear information about the H1N1 flu and the company’s
preparedness to handle a pandemic.

Hoyt adds, however, that while an employer may be tempted to obtain medical information or even require medical exams of certain employees, such well intended tests likely would violate the Americans with Disabilities Act (ADA). Similarly, “contact tracing” of employees infected with the virus may violate the ADA, the Health Insurance Portability and Accountability Act (HIPAA) or other privacy laws and should be left to public health authorities. “Employers should consult an attorney before taking any of these actions,” Hoyt says.

Hoyt notes that the Family and Medical Leave Act likely will be implicated during a pandemic, as numerous employees will request leaves because of their own illnesses or the illness of a family member. “The H1N1 virus may be considered a ‘serious health condition’ under the law, and employers should anticipate how they will handle what could be a large number of leave requests during a pandemic and how those employee absences will affect the company’s operations,” she adds.

A podcast featuring Heather Hoyt’s comments on this topic is available by clicking the below link.

http://www.pepperpodcasts.com/pepper_podcasts/2009/10/employer-pandemic-preparedness-for-the-swine-flu--no-hogwash.html <http://releases.buchananpr.com/m/98fGdSOfEXqwdGf2dp-PFpMeVxgn0X5CETP6UC4fXKphlPGung>

The CDC provides updates on H1N1 developments and preparedness, additional precautions, and a good guide to pandemic planning for businesses at this Web site: http://www.pandemicflu.gov <http://releases.buchananpr.com/m/7d8GdSOfEXqwdGf2dp-PFpMeVxgnN4wIv8k3rmoVpOUrepLb9A> .

Heather A. Hoyt assists clients' management in investigating complaints, represents clients at administrative agencies and at all stages of litigation, and counsels on employment policies and practices. She can be reached at 610.640.7833 or hoyth[at]pepperlaw.com <#hoyth[at]pepperlaw.com> .

About Pepper Hamilton

Pepper Hamilton LLP (www.pepperlaw.com <http://releases.buchananpr.com/m/ffeGdSOfEXqwdGf2dp-PFpMeVxgnjPIxKVT6TE-KgmvJ7uTHvA> ) is a multi-practice law firm with more than 500 lawyers nationally. The firm provides corporate, litigation and regulatory legal services to leading businesses, governmental entities, nonprofit organizations and individuals throughout the nation and the world. The firm was founded in 1890.