Date 17 July 2009
As increasing numbers of people become unwell with swine flu it is important that employers are well prepared to deal with the likelihood of their employees being absent from work. Many employees will catch the H1N1 strain of the flu virus or will need to care for dependents who become ill. This may put considerable pressures on employers.
Dealing with absences
Employers should take this opportunity to review their sick leave/pay and dependent leave policies to ensure that they deal with the potential for staff to be absent from work. For example, employers should check whether their sick pay policy offers enhanced sick pay and for how long.
Employers may wish to consider being more generous and lenient with their sick leave and dependent leave policies to try and encourage staff to stay at home rather than forcing themselves in to work and spreading the infection. Employees who are genuinely sick but do not take time off can also make themselves worse and end up having to take more time off in the long run. Employers have a duty to protect the health and safety of their employees and should not knowingly allow those infected with swine flu to attend work.
The HSE advises that anyone who has flu symptoms and believes they may have been exposed to the swine flu virus should stay at home until they are fully recovered. Once the symptoms have subsided it is then safe for people to return to work as there is no longer a risk of infection to others.
Staff should have more than just a fear of contracting the virus to justify staying away from work. Nevertheless, employers should bear in mind that those employees who have a genuine fear that attending work is a health hazard may be more willing to run the risk of disciplinary action than of contracting swine flu.
Employers must make it clear to employees that they are expected to attend work unless they develop flu symptoms.
If members of your staff do become unwell with swine flu, you must inform them to stay at home. They will potentially spread the virus for 7 days from when they first develop symptoms. In recent days GP surgeries have become inundated and those with flu like symptoms are being asked to call NHS Direct rather than visit surgeries. This will make obtaining documentation to verify the illness more difficult. Employers may want to request that employees who have had the illness obtain a letter from their GP to confirm that they are no longer infectious.
Informing Staff
To prevent the spread of swine flu in the workplace and to protect the health and safety of employees it is important to let staff know if one of their colleagues contracts the virus.
However, employers should not inform staff of the identity of the infected employee, this should be kept confidential.
Preventing the spread of swine flu
As part of an employer’s duty to protect the health and safety of their staff, employers should ensure that staff are aware of the symptoms of swine flu. Employers should encourage good hygiene practices, such as hand washing and using tissues. Employers must make certain that staff are not scared or embarrassed to admit that they have swine flu. By making it clear that there will be no disciplinary repercussions for being absent with swine flu and that information will be treated confidentially will encourage openness and honesty from employees.
Employers should provide a copy of the NHS leaflet on swine flu to all members of staff.
Contingency
Employers should consider how their business will operate in the event that a high proportion of the work force are absent.
Businesses need to plan ahead for the need (and added expense) of bringing in temporary staff. They may also want to think about the possibility of staff (particularly senior employees) working from home. The technology for remote working will need to be in place if this is a viable option for the Employer.
If the situation becomes much worse and the rate of deaths caused by swine flu rises, it might be necessary to look at more drastic measures such as suspension (on full pay) for those employees who are considered ‘high risk’ and have other health problems i.e. pregnant employees.
If you have any questions or require further information please contact Vanessa James by email at vanessa.james@salaw.com or on 01727 798000.
© SA Law 2009
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