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| Q | Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace? |
|---|---|
| A | Yes -- although a flu vaccine won't protect against pandemic influenza, flu shots can help individuals stay healthy. Providing employees with educational information on the benefits of flu vaccines and posting this information in the workplace will also serve as a reminder to employees to get their shots. Employers should keep track of annual influenza vaccinations for employees to determine the overall health status of their workforce. Under the Americans with Disabilities Act1 (ADA) employers are required to keep employees’ medical information confidential (i.e., maintained on a separate form and in a separate medical file). More >> |
| Q | What measures can employers adopt during a pandemic to alter the workplace and keep employees healthy? |
| A | Enhancing communications and information technology infrastructures as needed to support employee telecommuting and remote customer access will reduce contact amongst employees and between employees and customers. This will reduce the chances of spreading influenza from person-to-person, while keeping the business operational. Implementing procedures to minimize contact between employees and between employees and customers, such as telework, eliminating face-to-face meetings, increasing the distance between workstations and employees, and discouraging hand-shaking, will help to control the spread of infection.
Refer to the CDC’s recommendations for a more complete list of helpful procedures (PDF). More >> |
| Q | Where can I find a comprehensive set of questions and answers about workplace policies and practices during a flu outbreak? |
| A | Flu.gov has a comprehensive list of questions and answers prepared by the US Department of Labor at http://answers.flu.gov/categories/284. More >> |
| Q | Does the Occupational Safety and Health Administration (OSHA) have workplace guidance and standards that cover pandemic influenza? |
| A | OSHA does not have a specific standard for avian influenza or pandemic influenza but a number of its standards for workplace safety and health may be applicable during an outbreak of avian influenza or pandemic influenza, including the:
respiratory protection standard (29 CFR 1910.134),
personal protective equipment standards (29 CFR 1910.132 and 29 CFR 1910.133), and
bloodborne pathogens standard (29 CFR 1910.1030). More >> |
| Q | Does the Occupational Safety and Health Administration (OSHA) have workplace guidance and standards that cover respiratory protection? |
| A | OSHA has a standard on respiratory protection in the workplace (see 29 CFR 1910.134). See OSHA’s current Guidance Update on Protecting Employees from Avian Flu (Avian Influenza) Viruses. More >> |
| Q | 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? |
| A | There are currently no federal laws or programs that provide income support for workers if they are not
willing and able to work, and
seeking work (because of the statutory limitations in the Unemployment Insurance program and Disaster Unemployment Assistance (the Stafford Act)). More >> |
| Q | 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? |
| A | 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. More >> |
| Q | Why should businesses have flexible leave policies or alternate work schedules during a flu outbreak? |
| A | Flexible leave policies and alternate work schedules will help prevent the spread of flu at your workplace, allow employees to continue to work or function while limiting contact with others, help maintain continuity of operations, and help people manage their health and their family’s needs. |
| Q | If employees get the flu from contact with a customer or other employee, are they eligible for workers’ compensation? |
| A | Private companies and state and local government agencies should contact their state workers' compensation board for information on coverage and eligibility. More >> |
| Q | Are employees still covered by the employer’s health plan if their worksite closes as a result of an influenza pandemic outbreak? |
| A | Even if the employer's physical location closes, as long as the employer exists, continues to sponsor a plan covered by the Employee Retirement Income Security Act (ERISA) most plans of private sector employers are covered) and employs workers, employees who are covered under the health plan prior to the closure would generally remain covered under the employer's existing health plan. More >> |
| Q | If a worksite closes due to illness, how does an employee locate the plan administrator, or file a claim for benefits or obtain other documents, such as certificates of prior coverage or replacement identification documents? |
| A | Employers affected by an influenza pandemic may set up temporary work quarters, or will have made other provisions for their employees to contact them. The employer's representative should be able to give employees the name of the person to contact to obtain claim forms or other documents. The name of the plan administrator and the claims procedure may also be found in the health plan’s Summary Plan Description (SPD) that each employee should be provided upon enrolling in the plan. SPDs describe the plan rules in plain English. The SPD should also contain information on how to identify and locate the plan administrator, as well as steps to follow in applying for a benefit.
If they are having difficulty locating a contact person for the employer, employees may contact one of the Employee Benefits Security Administration’s (EBSA) benefits advisors at 1-866-444-EBSA (3272) or contact EBSA by email at askebsa.dol.gov. More >> |
| Q | What health options would be available to employees if a company closes due to a flu outbreak? |
| A | There are several health coverage options available to employees. More >> |
| Q | If the employer’s business is disrupted by the flu and health benefit payments are not being made on time, what should the employee do? |
| A | The employee can call the plan administrator to determine the reason for the delay. Ask whether the plan is having operational problems or whether this problem is limited to the individual employee’s benefits. If the problem is limited to the individual benefits, discuss how to resolve the problem with the administrator. If the delay involves a plan operation issue, ask what efforts are being made to make timely payments. More >> |
| Q | Can an employer terminate or reduce employees’ health benefits? |
| A | Employers offer health benefits on a voluntary basis. Federal law does not require employers to offer health coverage to their employees nor does it prevent employers from cutting or reducing benefits in many instances. Employees and their families may have a right to continuation coverage under COBRA if the plan still exists and may have a contractual right to coverage if, for example, benefits are required under a collective bargaining agreement. In addition, a plan cannot deny eligibility or continued eligibility based on health status. More >> |
| Q | Can retirees’ health benefits be terminated or changed if their former employer is affected by a pandemic? |
| A | When employers do offer retiree health benefits, federal law generally does not prevent them from cutting or eliminating those benefits - unless they have made a specific legally binding promise to maintain the benefits. The key to understanding retiree health benefits lies in the documents governing the specific plan. Retirees can obtain a copy of the Summary Plan Description (SPD) to determine the nature of their employer’s obligation. More >> |
| Q | What if an employee covered under the spouse’s group health plan loses his or her spouse because of the flu and the spouse’s employer agrees to pay the premiums for health coverage for 12 months. What effect will that have on any future eligibility for continuation health coverage under COBRA? |
| A | If this situation arises, the employee should ask the spouse’s employer for more information. The employer could be:
Making this offer of paid coverage only if COBRA coverage is declined. In this case, if the employee elects paid coverage for 12 months, he/she will be ineligible for COBRA coverage, which is more expensive, but lasts longer. More >> |
| Q | If an employer’s place of business closes due to an influenza pandemic, who should employees or retirees contact to file a claim for pension benefits or ask questions about pension payments? |
| A | Every pension plan covered by Employee Retirement Income Security Act (ERISA) (most plans of private sector employers are covered) is required to have a plan administrator. The plan administrator may be the employer (or labor organization) sponsoring the benefit plan or it may be some individual or entity appointed to serve as the plan administrator. Pension plans must provide participants with a Summary Plan Description (SPD) describing the plan rules in plain English. The SPD should also contain information on how to identify and locate the plan administrator, as well as steps to follow in applying for a benefit. Whenever possible, a participant should first try to contact the plan administrator for information on benefits. More >> |
| Q | If an employee who has health coverage through a group health plan is laid off, will the employee be able to elect COBRA continuation coverage for himself or herself and his or her partner? (In this example, although the plan offers domestic partner coverage, the employee did not elect it for his/her domestic partner.) |
| A | If the plan is subject to COBRA, the employee should be eligible for COBRA continuation coverage. The partner would not be a qualified beneficiary under COBRA, however, whether coverage can be obtained for the employee’s partner depends on how often the plan allows active employees to add domestic partners. In this example, the employee would contact his/her plan administrator for more information. The employee and his/her partner could also be eligible for special enrollment in a plan sponsored by the partner’s employer, if available. The employee would contact the partner’s plan administrator to find out. More >> |
| Q | Where can employees get more information on health coverage options? |
| A | For more information on health benefits rights and options, see the following publications on Employee Benefit Security Administration’s (EBSA) Web site:
Pension and Health Coverage - Q&As for Dislocated Workers
Health Coverage Portability
An Employee’s Guide to Health Benefits Under COBRA
Employees may also call toll free 1-866-444-EBSA (3272) to request one or more copies of the publications. More >> |
| Q | A company is temporarily shut down and did not pay employees’ insurance premiums. Can the employees pay the premium to continue coverage? |
| A | Employees should first contact their employer to determine the employer’s intent to pay the premium. Employees may also wish to contact the insurance company to determine how long the payment has been in arrears, if the insurance company has provided a grace period for late payment, and how long the employer has been given to make the payment. Employees can also contact their state insurance commissioner regarding any rights they may have under state law to pay premiums directly to the insurance company or convert the group health coverage to an individual policy. More >> |
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Results: 1 - 20 of 112
