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With the spread of the H1N1 virus, all organizations need to be prepared for how this virus may affect the workplace. In order to effectively deal with the H1N1 virus, companies should consider keeping their employees informed about the H1N1 virus and its symptoms and having policies in place to deal with the reporting of the illness and absenteeism.

Symptoms

All employees in the workplace should be aware of the symptoms of the H1N1 virus, so that they can seek the appropriate treatment should they experience these symptoms. The symptoms of H1N1 virus include fever, cough, sore throat, body aches, headache, chills, fatigue and in some cases diarrhea and vomiting.

Employees experiencing these symptoms and/or having been in contact with someone who has contracted the H1N1 virus can contact their family doctor or Telehealth Ontario at 1-866-797-0000. In some regions, assessment centres have been opened to ease the burden at doctor’s offices and emergency rooms in diagnosing the H1N1 virus.

In the event any of the employees at your company begin to experience these symptoms, company policies should be in place regarding disclosure obligations and whether the employees should attend at work.

Workplace Procedures

In order to reduce the spread of the H1N1 virus and to manage absenteeism, there are a number of company policies that can be implemented.

1. Health Procedures
• Encourage employees to thoroughly wash their hands
• Have hand-sanitizer and tissue readily available in locations throughout the building
• Recommend that employees cough or sneeze into their sleeve or arm
2. Monitoring and Reporting of the H1N1 Virus
• Provide information materials to employees to ensure they are aware of the symptoms of the H1N1 virus
• Request that employees inform the company if they are suffering from the symptoms of the H1N1 virus or if they have been in contact with anyone who has contracted the virus
• Implement a guest log to monitor who is coming in and out of the workplace
• Implement revised travel plans for employees who are required to travel for work
• If an employee of the company is diagnosed with the H1N1 virus, companies should be informing employees, customers and/or clients of the risk before they enter the premises
3. Time off from work
• Encourage employees to remain at home if they are suffering from the symptoms of the H1N1 virus
• Permit employees to work from home in circumstances where they have come into contact with someone that has been diagnosed with the H1N1 virus
• Permit employees to work from home in the event an employee in the workplace has contracted the H1N1 virus
• Offer employees time to attend medical appointments where they are experiencing the symptoms of the H1N1 virus

Disclosure

In the event an employee is experiencing the symptoms of the H1N1 virus, has been diagnosed with the H1N1 virus, or has come into contact with someone that has contracted the H1N1 virus, your company should have policies in place encouraging employees to disclose this information. To ensure that an employee’s privacy is protected, one person at the company should be designated as the primary person for employees to disclose the information to. The information provided by the employee, including their identity and the symptoms they are experiencing, should be kept strictly confidential. Any employee medical documentation that is provided to the company should also be kept strictly confidential.

Companies also have a disclosure obligation in the event an employee has contracted the H1N1 virus. Both the company’s employees and any customers or clients entering the company’s premises should be warned that an employee has the H1N1 virus. Disclosure is particularly important for any individuals that have been in direct contact with an employee that contracted the H1N1 virus. To balance an employee’s privacy rights, only the minimal amount of information that is necessary should be disclosed.

Sick Leave

Employees may be less reluctant to take time off from work if they will not be receiving compensation for that time. If your company does not currently provide a paid sick leave plan, this would be a good opportunity to consider implementing a policy that offers employees paid time off in the event they are ill. If your company is reluctant to introduce such a policy on a long-term basis, one option is to introduce the policy on a temporary basis until the H1N1 virus is no longer a threat. Companies that already have a paid sick leave plan may want to revisit the sick leave plan to ensure employees have enough days available left to take paid sick days in case they need it.

Reviewing the terms of the short-term disability plan offered by the company is also an option. There may be circumstances where employees that are ill with the H1N1 virus can qualify for short-term disability benefits.

Paid sick leave plans will be very important for any companies encouraging their employees to remain at home if they are ill and/or experiencing the symptoms of the H1N1 Virus. Please note that where a company is requiring its employees to remain off from work in the event they are experiencing symptoms or have come into contact with an individual that has been diagnosed with the H1N1 virus, the employee should be compensated for all of that time they have been mandated to remain off from work.

To monitor absenteeism levels, employees should be required to provide medical documentation to the company where they are experiencing symptoms of the H1N1 virus. Medical documentation is particularly important when employees are remaining home from work for a period of more than a few days.

Travel Plans

All business related travel plans should be reassessed. Increased precautions for the employees traveling should be implemented. If the travel is to an area with a high level of risk for the H1N1 virus, then your company may want to consider cancelling the travel plans to that area.

For employees engaging in personal travel, the company should be aware of where the employee is traveling. If the travel is to a high-risk area, the company may have to decide whether to place that employee on a paid leave of absence following their return to work to reduce the risk of the H1N1 virus in the workplace. Employees would need to be compensated for any leave of absence required by the company.

Manage Risks

It is very important for companies to have procedures in place now before the situation escalates. If an employee of your company contracts the H1N1 virus, the end result could have a huge impact on your business. Companies may have to deal with issues such as a reduced work force where employees are either ill from the H1N1 virus or refusing to come into work out of concern or fear.

Companies have legal obligations to their employees, and in some circumstances, to any customers or clients visiting the workplace. Employees and any customers or clients that visit the company should feel confident that the proper precautions are in place. In addition, legislation such as the Occupational Health and Safety Act places an obligation on employers to provide a safe workplace. Employees have the right under the Occupational Health and Safety Act to refuse unsafe work in circumstances where an employee is concerned about their safety.

Megan Burkett
Human Resources Workplace Law/ Labour Relations Group
Tel: 905.276.0420
E-mail: mburkett@kmblaw.com

The comments in this newsletter are of a general nature and are not designed to replace professional advice in specific situations. If you would like extra copies of this newsletter, or you know of anyone who would be interested in joining our mailing list, please contact Cheryl Woolcott at (905) 276-9111.