Privacy Issues - FAQs:

May employers ask employees if they have children or other family members for whom they may need to take care of in the event of a pandemic (for example, if schools were closed)? May they be asked if they have someone else who can take care of these family members? May this information be shared with supervisors and managers?
May employers ask employees if they may have a higher risk of infection, for example, a compromised immune system?
For the purpose of estimating pandemic absenteeism levels, may employers obtain medical information about employees’ general health status to identify those employees who may be at a greater risk of contracting pandemic influenza?
May an employer access employees’ medical information already in its possession for the purpose of pre-pandemic planning?
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?
May and employer ask for employees' personal contact information, such as phone numbers, email addresses, or contacts where they may be if caring for family members? Can that information be shared with with other employees?
As a manager or supervisor, may I tell an employee’s direct supervisor at my company or organization if I know for a fact that the employee has pandemic influenza?
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?
In light of the ADA requirements, how may employers ask employees about factors, including chronic medical conditions, that may cause them to miss work in the event of a pandemic?
May an employer require entering employees to have a medical test post-offer to determine their exposure to the influenza virus?