With Labor Day behind us and schools back in session, concerns about the novel H1N1 influenza and seasonal flu are resurfacing.  The Centers for Disease Control recently released Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Flu Season, including a helpful “toolkit” to aid in such planning.  OSHA and the EEOC also have published guidance that employers should review.

Employers are finding that the workplace issues arising under H1N1 are numerous, varied and complex.  Many have questions about the legal and practical impact H1N1 will have on their businesses and workplace. More and more are seeking assistance in developing written H1N1 policies and creating business continuity plans during a time when they could experience substantial absenteeism.  To help employers and the business community, Jackson Lewis has developed the following free resources:

• A webinar recorded in May 2009 providing an overview of the legal issues that must be considered in preparing for an H1N1 pandemic.  [http://www.jacksonlewis.com/events/specialreport.cfm?elid=1437] In this webinar, we consider the potential OSHA, ADA, FMLA, FLSA, HIPAA and state law issues that may arise as employers respond to H1N1.
• An article providing links to government websites providing answers to frequently asked questions involving the potential impact of H1N1 on the workplace. [http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1704]
• An article discussing the CDC’s recent Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Flu Season, including a link to the Guidance and the “toolkit” prepared by the CDC.  [http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1824]
• An article discussing New York State’s recently passed law mandating vaccinations for certain healthcare facilities. [http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1825]  We expect other states may enact similar measures and some employers are already considering mandating seasonal or H1N1 flu vaccinations as part of their flu/pandemic preparation plans.