DEALING WITH THE H1N1 VIRUS: EMPLOYMENT LAW ISSUES

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DEALING WITH THE H1N1 VIRUSEMPLOYMENT LAW
ISSUES
Scott P. Horton, Esq. Associate Jaeckle
Fleischmann Mugel, LLP 12 Fountain
Plaza Buffalo, NY 14202-2292 Tel
716.843.3949 shorton_at_jaeckle.com
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Preparing for a Pandemic

• Prevent Spread of the Flu
• Maintain Business Operations
• Manage Employee Absences

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Prevent Spread of the Flu

• OSHA Obligations
• Health Department Directives
• Employee Health
• Non-Employee Health

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Maintain Business Operations

• Staff Shortages
• FLSA Considerations
• Maintaining Exemptions
• Tracking Time
• Union Issues

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Manage Employee Absences

• FMLA Compliance
• ADA/HRL Issues
• Military Leave

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FMLA Compliance

• Company Policies
• Notice Obligations
• Medical Certifications
• Fitness for Duty

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ADA/HRL Issues

• Disability
• ADA
• NYS Human Rights Law
• Direct Threat

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ADA/HRL Accommodations

• Direct Threat
• A significant risk of substantial harm to the
  health or safety of the individual or others that
  cannot be eliminated or reduced by reasonable
  accommodation.

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ADA/HRL Issues

• Disability-Related Inquiries
• Medical Examinations
• Reasonable Accommodations

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Military Leave

• USERRA Rights
• Benefit Continuation
• Reinstatement
• FMLA Qualifying Exigency

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Additional Resources

• http//pandemicflu.gov/professional/
• business/

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DEALING WITH THE H1N1 VIRUSEMPLOYMENT LAW
ISSUES
Scott P. Horton, Esq. Associate Jaeckle
Fleischmann Mugel, LLP 12 Fountain
Plaza Buffalo, NY 14202-2292 Tel
716.843.3949 shorton_at_jaeckle.com