Wage and Hour Division offers Q&A on workplace pandemic flu
The Department of Labor’s Wage and Hour Division has put together "Question and Answer" documents for both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) relating to the Pandemic Flu.
The documents provide information on common issues when employees get the flu and its affect on wages and hours worked and its affect on wages and hours and job-protected leave. For more information, see the entire documents at Pandemic Flu and the Fair Labor Standards Act: Questions and Answers (PDF) and/or Pandemic Flu and the Family and Medical Leave Act: Questions and Answers (PDF).
Question and Answer Excerpt: Pandemic Flu and the Fair Labor Standards Act
May an employer encourage or require employees to telework (i.e., work from an alternative location such as home) as an infection control strategy?: Yes. An employer may encourage or require employees to telework as an infection-control strategy, based on timely information from public health authorities about pandemic conditions. Telework also may be a reasonable accommodation.
Of course, employers must not single out employees either to telework or to continue reporting to the workplace on a basis prohibited by any of the EEO laws. See generally EEOC Fact Sheet on Work at Home/Telework as a Reasonable Accommodation at http://www.eeoc.gov/facts/telework.html
Can an employee be required to perform work outside of the employee's job description? Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee's job description.
As part of your pre-pandemic planning, you may want to consult your human resource specialists if you expect to assign employees work outside of their job description during an influenza pandemic. You may also wish to consult bargaining unit representatives if you have a union contract.
Question and Answer Excerpt: Pandemic Flu and the Family and Medical Leave Act
Can an employee stay home under Family and Medical Leave Act (FMLA) leave to avoid getting pandemic influenza? The Family and Medical Leave Act (FMLA) protects eligible employees who are incapacitated by a serious health condition, as may be the case with the flu where complications arise, or who are needed to care for covered family members who are incapacitated by a serious health condition. Leave taken Pandemic Flu and the Fair Labor Standards Act: Questions and Answers (PDF) by an employee for the purpose of avoiding exposure to the flu would not be protected under the FMLA. Employers should encourage employees that are ill with pandemic influenza or are exposed to ill family members to stay home and should consider flexible leave policies for their employees in these circumstances.
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? Federal law does not require employers to provide paid leave to employees who are absent from work because they are sick with pandemic flu, have been exposed to someone with the flu or are caring for someone with the flu. Certain state or local laws may have different requirements, which should be independently considered by employers when determining their obligation to provide paid sick leave.
If the leave qualifies as Family and Medical Leave Act protected leave, the statute allows the employee to elect or the employer to require the substitution of paid sick and paid vacation/personal leave in some circumstances. Employers should encourage employees that are ill with pandemic influenza to stay home and should consider flexible leave policies for their employees.
Reprinted with permission. © CCH
(Submitted Nov. 17, 2009)
<p>Wage and Hour Division offers Q&A on workplace pandemic flu The Department of Labor’s Wage and Hour Division has put together "Question and Answer" documents for both the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act</p>