Private Sector Workplace Issues - FAQs:

• Should doctors give the H1N1 vaccine to persons who have an allergy to eggs?
• Before a flu outbreak, may employers survey employees to identify who may need to stay home, telework, or work an alternate schedule to care for children because they are dismissed from school or child care, consistent with the Community Mitigation Guidance from HHS/CDC?  
• During a flu outbreak, may an employer track whether or not employees and their family members or associates have contracted pandemic influenza? If so, and as part of that tracking, may the employer require them to disclose whether they have, or have been exposed to, pandemic influenza?
• When communicating with employees before, during, or after a pandemic, are there restrictions on the type of information that can be shared?
• May employers treat essential/critical employees different than other employees such as providing transportation to and from work or giving them antivirals when there is a limited supply?  
• What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school?
• If an employer lays off employees, will the employees be eligible for unemployment insurance? Will the employer’s unemployment taxes go up?
• May employers mandate employees stay home if they or members of their family are known or suspected to have the flu or been exposed to someone with the flu?   
• Once a pandemic begins, may employers mandate alternative work schedules (e.g., flex-time, staggered shifts) or alternative work arrangements (e.g., telework) to promote social distancing?
• If an employer establishes a child care center at the workplace for children who have been dismissed from school, will it violate the CDC’s community social distancing strategies for children?
• Could an organization be held liable if their employees or customers contract pandemic influenza while working at or visiting its place of business?
• Could employers be held liable if employees are injured while teleworking?
• What kinds of information should be conveyed to employees to prepare them for the issues that are likely to be of concern to them should a pandemic occur? What is the best way to communicate this information?
• What changes should be made, if any, to employee travel and what should be done to ensure employees living abroad are prepared?
• Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace?
• If employees are out of the workplace for an extended period due to pandemic influenza or caring for family members, will they qualify for any assistance under state or federal law (e.g., unemployment insurance)? What about workers’ compensation?
• Is Federal or State assistance (i.e. tax credits or tax deductions) available to businesses that establish teleworking or other alternative work arrangements for employees during a pandemic?
• What measures can employers adopt during a pandemic to alter the workplace and keep employees healthy?
• Are employers required to provide employees with infection control supplies and personal protective equipment (PPE) to prevent or slow the transmission of influenza?
• Can employers close their place of business to employees or customers known to have contracted or to have been exposed to pandemic influenza?
• Do OSHA’s regulations and standards apply to the home office? Are there any other Federal laws employers need to worry about if employees work from home?
• May an employer require an employee who is out sick with the flu to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?
• During an flu pandemic, can a healthy employee refuse to come to work, travel, or perform other job duties because of a belief that by doing so, he or she would be at an increased risk of catching the flu?
• Where can I find a comprehensive set of questions and answers about workplace policies and practices during a flu outbreak?