May an ADA-covered employer send employees home if they display influenza-like symptoms during a pandemic?

Yes, the CDC states that employees who become ill with symptoms of influenza-like illness at work during a pandemic should leave the workplace. Advising such workers to go home is not a disability-related action if the illness is akin to the seasonal influenza virus. Additionally, the action would be permitted under the ADA if the illness were serious enough to pose a direct threat.

Last Reviewed: 08/29/2011

• 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?

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