How can the spread of flu and other diseases in the workplace create legal issues?
A. Here are four issues to consider and discuss with your attorney: 1. Legal protections – Employees with health problems are protected from discrimination by federal and state laws. Before denying employees access to the workplace or sending employees home because of fears of flu or other disease exposure, check out your legal obligations: • To provide a safe workplace for your staff. • Not to discriminate against employees with health problems. 2. Leave rights – Family and medical leave laws (federal and state), and employers’ paid leave policies may provide protection when employees take time to deal with their own serious health conditions or the serious health conditions of family members. Not all cases of flu meet the legal definition of a serious health condition, so be cautious when making decisions regarding leave requests. 3. Privacy – Employers have an obligation to keep knowledge of a staff member’s health private. Be cautious about taking actions that reveal an employee’s
