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?
Depending on the severity of the pandemic, the Centers for Disease Control and Prevention (CDC) may recommend closing child care, schools, colleges, and universities and recommend other child social distancing measures. Employers should be very cautious about establishing child care centers for employees that have children because this could undermine CDC’s child social distancing recommendations and contribute to the spread of pandemic influenza. Also, bringing children into the workplace may increase the likelihood of the virus entering the workplace and infecting employees. Employers should consider other alternatives such as staggered shifts or teleworking as a first step to enabling families to remain productive at work while caring for one another.
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
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: 12/18/2009
Related Questions:
- 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?
- 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?
- 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?
- 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?
- 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?
