Forums
H1N1 & Attendance Policies
General Forum
H1N1 & Attendance Policies
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
I am interested in hearing what others are planning to do around flu-related absences and modifying attendance policies - will you excuse "flu" absences and not count them? If so, will you require doc
1
Cat:Topic ForumsForum:ForumId53
Cat:Topic ForumsForum:ForumId53Discussion:DiscussionId36111
Forums » Topic Forums » General Forum » H1N1 & Attendance Policies
|
H1N1 & Attendance Policies
posted at 10/6/2009 5:23 AM EDT
|
Posts: 1
First: 10/6/2009 Last: 10/6/2009 |
We are encouraging managers to be flexible. We are asking people to inform thier manger if they have flu like symptoms and not come to work. If they can, do to work type and access work remotely that is fine. I was wondering what companies are doing if a worker has a person at home with H1N1, work from home if they can? or come to work? Most articles I have seen people are encouraged to come to work but closely monitor thier heath and if they feel sick go home and seek medical assistance. |
|
|
H1N1 & Attendance Policies
posted at 10/6/2009 5:37 AM EDT
|
|
Posts: 1
First: 10/6/2009 Last: 10/6/2009 |
We have temporarily revised our attendance policy to excuse employees who miss work due to an upper respirartory illness. We do require them to provide documentation from their doctor in order to qualify for the excused absence. We are also encouraging employees to leave work or not come to work when they are experiencing flu like symptoms.
In the past, we have had employees come to work when sick in order to avoid attendance related disciplinary action. We are attempting to mitigate this potential by revising our atendance policy during the flu season. |
|
|
H1N1 & Attendance Policies
posted at 10/6/2009 5:45 AM EDT
|
|
Posts: 3
First: 1/21/2003 Last: 10/6/2009 |
We have made an exception to our attendance policy where we will not hold H1N1 related absences against an employee's attendance record. We are encouraging employees to stay home if they have flu-like symptoms to minimize the risk of exposing co-workers. We do not require verification based on CDC recommendations to not overload the healthcare system. Included with excused H1N1 absences are: own illness, illness of family member that you need to care for, and absences to care for children due to school/day care closing. We recognize that there will be abusers who take advantage of the situation but we feel that protecting our overall workforce outweights this risk. |
|
|
H1N1 & Attendance Policies
posted at 10/6/2009 6:25 AM EDT
|
|
Posts: 1
First: 10/6/2009 Last: 10/6/2009 |
We have carved out flu related sickness (both employee and dependent)as unique categories and will not count them as standard sick days. We will be monitoring flu related absences throughout the workforce to determine if there are specific areas that we may need support with supplemental staffing or worse case quarantine. We will not be requiring documentation as testing for H1N1 can take days/weeks for test results to be returned. |
|
|
H1N1 & Attendance Policies
posted at 10/6/2009 7:42 AM EDT
|
|
Posts: 1
First: 10/6/2009 Last: 10/6/2009 |
Here is the official Q&A from Oregon Bureau of Labor and Industries:
BOLI ANSWERS COMMON QUESTIONS ABOUT EMPLOYMENT ISSUES AND SWINE FLU Q: If an employee is returning from a swine flu affected area, may an employer prohibit the employee from returning to work until after the swine flu incubation period has passed? A: Yes, but employers need to treat all employees in the same circumstances equally and apply a consistent policy for all employees in regard to employees returning to work from an affected area as identified by the U.S. Centers for Disease Control (CDC). Title VII of the Civil Rights Act of 1964 and Oregon law prohibit employment discrimination on the basis of national origin; for example, discrimination against Mexicans or those associating with them. Employers should access information provided by the CDC to identify geographic areas of concern, incubation periods and other recommended health precautions for determining an appropriate policy for their workplace. Information may also be found at http://www.pandemicflu.gov/ Q: If an employee is told not to report to work until after the incubation period passes, is the employer required to compensate the employee for any of the time they were scheduled to work? A: If the employee is an hourly employee, and 18 years of age or older, the employer is not required to compensate for time the employee was scheduled but did not perform any work. Employers are, however, required to treat all hourly employees alike in regard to payment for hours scheduled but not worked. For minors under 18 years of age, there is an "adequate work" rule (OAR 839-021-0087(5)) that requires employers to pay a minor reasonable compensation who was required to report to work under certain circumstances if adequate work is not provided. (Contact BOLI for more information.) Salaried employees, exempt from minimum wage and overtime, must be paid for an entire work week, if they work any portion of their regular workweek (even if they do not work for some portion of the week). In general, an employee paid on a salary basis receives a predetermined amount (salary) for the pay period, and that amount is not subject to reduction in any week in which he/she performs any work, regardless of the number of days or hours worked. Unless no work is performed in an entire week, a salaried employee must be paid their entire salary. An employer may, however, require a salaried employee to use any accrued sick or vacation leave for time off in the week. Again, an employer is required to treat all salaried employees equally. Q: May an employer send an employee who appears to exhibit flu-like symptoms home? A: Generally yes, but state and federal disability law both address health-related inquiries an employer may and may not ask of an employee. Under state disability law and the ADA, an employer may only make health-related inquiries and require medical examinations of current employees when such inquiries are job related and consistent with a business necessity. If an employer determines there is a business necessity and that potentially ill employees in the same job class must be sent home, all employees with flu-like symptoms must be treated accordingly. Employers must ensure that all employees are treated equally. Additional information regarding health-related inquiries and medical certification can be found on the EEOCs website (see Disability Related Inquiries and Medical Certification). Q: If an employee has exhibited or experienced flu-type symptoms and goes home sick (either voluntarily or not), may an employer require the employee to obtain a release from a medical provider before allowing the employee back in the workplace? A: Yes, but the law provides that the employer is responsible for all uninsured expenses related to required medical certifications. Q: Is swine flu considered a serious health condition under OFLA/FMLA? May employees use OFLA/FMLA leave for swine flu illness? A: Flu should be treated as any other illness. Swine flu can be a qualifying event if it meets the serious health condition criteria (for example, an absence due to illness for more than three days, illness that involves two or more treatments by a medical provider, or in-patient hospitalization). Q: Several K-12 schools have been closed due to health concerns. Is an employee entitled to take OFLA leave in the event a school is closed for health concerns? A: Unless the employees child suffers from an illness, injury or condition that requires home care, no protected leave is provided under OFLA. OFLA provides protected leave for parents of sick children, but no protected leave is provided if the child is not ill or does not have a condition that requires home care, yet the school has been closed for a health risk. For information on this and other employment related topics, contact the Technical Assistance for Employers assistance line at 971-673-0824 or visit our website at www.oregon.gov/BOLI/TA |
|
|
H1N1 & Attendance Policies
posted at 10/6/2009 2:01 PM EDT
|
|
Posts: 6
First: 8/28/2001 Last: 10/7/2009 |
We have decided to isolate and "forgive" H1N1 flu only. In addition, we are encouraging staff to think ahead now to plan for possible school closings - have a plan in place so you don't need to miss work but if you do, that will be counted under the attendance policy as will seasonal flu. |
|
|
H1N1 & Attendance Policies
posted at 10/7/2009 6:47 AM EDT
|
|
Posts: 6
First: 10/8/2002 Last: 10/7/2009 |
According to the information we are receiving from the healthcare community, they are no longer testing everyone with flu like systems for H1N1, only those with severe symptoms. Also, the CDC is advising those with non severe symptoms to home treat. Given that information, how would an employee prove the H1N1 strain for exemption in your policy? |
Forums » Topic Forums » General Forum » H1N1 & Attendance Policies
