During a severe pandemic, 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?

The Americans with Disabilities Act permits employers to require that employees stay home if the particular employees are known or suspected to have the flu or have been exposed to the flu.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 08/31/2011

• May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid? May employers prevent employees from coming to work?
• May employers fire employees (in non-health care sectors) if they refuse to follow the company’s rules to control infection and increase hygienic practices during a pandemic?
• Can an employee stay home under Family and Medical Leave Act (FMLA) leave to avoid getting the flu?
• Is an employer required by law to provide paid sick leave to employees who are out of work because they have pandemic influenza, have been exposed to a family member with influenza, or are caring for a family member with influenza?

• Workplace Questions
  • Human Resource Policies
    • Sending Workers Home
  • Private Sector Workplace Issues
    • Voluntary Isolation, Voluntary Home Quarantine