H1N1: Employer Issues and Responsibilities

by Chris Rocks on November 13, 2009

H1N1 VirusRepresentative George Miller, the chairman of the House Education and Labor Committee, introduced legislation last Tuesday that would guarantee five paid sick days for workers sent home by their employers with a contagious illness. This is primarily in response to growing concerns over the spread of the H1N1 virus.

“Sick workers advised to stay home by their employers shouldn’t have to choose between their livelihood and their co-workers’ or customers’ health,” Mr. Miller said in a NY Times article. “This will not only protect employees, but it will save employers money by ensuring that sick employees don’t spread infection to co-workers and customers.”

According to the Bureau of Labor Statistics, less than 50 percent of workers in the service industry receive paid sick leave. There is a growing concern that those who come into the most contact with the general public will be the most inclined to report for work after having contracted the H1N1 virus.

Some employment groups are vocalizing their concerns over mandating the payment of sick days given that it would cause devastating financial stress on some small businesses.

It’s important for businesses (large and small) to understand their responsibilities with regards to the H1N1 virus.

Hennessy & Roach, a Chicago based general practice law firm, recently released a video and FAQ outlining the legal issues facing employers. In the video, partner Jane Rolling and John Murphy, Of Counsel, cover issues such as employer responsibility under OSHA, the ADA, and FMLA, infection-control practices at the workplace, along with a host of other important topics.

Hennessy & Roach

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