2009/2010 Flu Season

Q & A - 2009/2010 Flu Season and the H1N1 Flu

 

How can supervisors and managers help to prevent the spread of flu in the workplace?

Encourage employees to:

• if they're sick, go home and stay home until they've been fever-free for 24 hours without the use of fever-reducing medications
• cover coughs
• wash hands frequently
• use alcohol-based hand sanitizer
• post signs in common areas reminding employees of these precautions (follow this link for signs)

 

What are the leave options available to employees with the flu?

• Sick Leave
• Vacation
• Annual Leave
• Compensating Time Off
• Personnel Leave Program
• Voluntary Personal Leave Program
• Holiday Leave
• Banked or self-directed Furlough Hours
• Catastrophic Leave
• Non-Industrial Disability Insurance (NDI)
• State Disability Insurance (SDI, SEIU Bargaining Units only)
• Family Medical Leave Act (FMLA)
• California Family Rights Act (CFRA)
• Unpaid Leave of Absence

See also guidance on using the leaves listed above and the collective bargaining agreements.

 

What options are available for an employee with little or no sick leave who can't come to work because of the flu?

If the employee doesn't have any leave credits, the eligible employee may ask the department to establish a catastrophic leave bank. A catastrophic leave bank collects leave credits donated by other employees to cover the employee's absence. Catastrophic leave bank provisions are specified in the employee's collective bargaining agreement or, for excluded employees, under DPA Rule 599.925.

The employee may also be eligible for NDI or SDI.

 

Will the State provide administrative time off?

No. Employees may use the leave options already listed.

 

May an employee who isn't sick stay home and use sick leave because the employee is afraid of getting the flu? Can employees stay home and use sick leave if they're afraid they may have been exposed to the flu?

No. Generally, an employee may use sick leave only when unable to work due to illness or injury. An employee who wants to take other leave credits may request the time off, subject to supervisor approval.

 

What if an employee has to stay home with a sick child or dependent?

The employee can use family sick leave or other available leave credits. If the employee doesn't have any leave credits, and eligible employee may ask the department to establish a catastrophic leave bank. A catastrophic leave bank collects leave credits donated by other employees to cover the employee's absence. Catastrophic leave bank provisions are specified in the employee's collective bargaining agreement and, for excluded employees, under DPA Rule 599.925.

 

The school or day care the employee's child attends has been closed because of the flu. The child is not sick, but the parent cannot find a babysitter. What are the employee's leave options?

If employees need to be at home because of a school or day care closure, employees may use vacation, annual leave, or other available leave credits. However, family sick leave may only be used if the child is sick.

 

Are employees' rights protected by law if they have to take time off due to illness but have no leave?

The CFRA (Government Code sections 12945.1 and 12945.2) is similar to FMLA and protects the rights of an eligible employee to take leave when the employee has a "serious health condition" that does not allow the employee to "perform the essential functions" of the job. CFRA provides eligible employees 12 weeks of unpaid leave and continuance of health benefits. Contact your Personnel Office for specific information on CFRA/FMLA.

 

Can employees wear surgical face masks at work if they choose?

Yes. Surgical masks may be helpful in preventing people who are ill from spreading illness. However, since they don't seal closely to the face, they provide limited to no protection from inhaling infectious particles.

 

Can supervisors require employees with the flu to wear surgical face masks at work?

No. Supervisors cannot require it, but they may encourage employees with the flu to wear surgical face masks until they can go home.

 

Do these answers apply in every situation?

No. State employees who work in institutional or healthcare settings may have additional requirements such as the new Cal/OSHA Aerosol Transmittable Diseases standard. Refer to the Cal/OSHA website for the latest standards.

 

What other recommendations apply to employees who work in institutional or healthcare settings?

The California Department of Public Health (CDPH) has issued recommendations and guidelines- You can find these recommendations on the CDPH website for Novel Influenza A (H1N1) Virus (Swine Flu) and

• for employees in healthcare settings: Updated Recommendations for Healthcare Settings, or Infection Control for Hospitalized Patients - PDF
• for employees in institutional settings: Interim Guidance for Correctional and Detention Facilities on Novel Influenza A (H1N1) Virus

 

Can employees telecommute if they're well enough to work from home?

Departments have discretion to offer telecommuting as an option so employees can work from home. Departments have discretion to approve telecommuting based on the operational needs of the department. Some positions may not be conducive to telecommuting based on the employee's duties and responsibilities. Prior to approving a request, review the department's telecommute policy and the telework provisions in the collective bargaining agreement.

 

At what point should departments take precautions such as teleconferencing to limit flu from spreading in the workplace?

Departments that experience increased absenteeism due to employees out sick with the flu can take precautions to protect employees in the workplace. For example, instead of face-to-face meetings and conferences, departments may consider using web conferences and teleconferences, and rely more on email and teleworking.

 

How should supervisors respond to an employee who shows signs of the flu ?

During flu season, it's critical that employees do not report to work while they are ill. Employees with any of these symptoms should not report to work: fever with cough or sore throat. Other symptoms include runny or stuffy nose, body aches, headache, chills, or fatigue.

If an employee has these symptoms, encourage the employee to go home and stay home until the employee has been fever-free for at least 24 hours without the use of fever-reducing medications. (A fever is a temperature of 100 degrees Fahrenheit or 37.8 degrees Celsius.)

For purposes of determining whether an employee should be excused from work, CDPH recommends following the same procedures you would use for seasonal flu in terms of preventing and managing illness in the workplace.

 

How should a supervisor respond to an employee who has the flu but doesn't want to leave work or stay home?

CDPH and the federal Centers for Disease Control (CDC) recommend employees with the flu stay away from other employees in the workplace and go home. Supervisors can encourage employees with the flu to stay away from other employees until they leave work. Supervisors may allow employees who feel well enough to work from home to telecommute if appropriate.

Let employees know about their leave options. If the employee doesn't have any leave credits, an eligible employee may ask the department to establish a catastrophic leave bank. A catastrophic leave bank collects leave credits donated by other employees to cover the employee's absence. Catastrophic leave bank provisions are specified in the employee's collective bargaining agreement and, for excluded employees, under DPA Rule 599.925.

 

May an employee leave work or refuse to report to work for fear of catching the flu from co-workers or the public?

No. During flu season, unless employees are sick, they are expected to report for work and perform the normal duties of their positions. If an employee fails to report to work and doesn't have an acceptable excuse, the employee could be considered absent without leave (AWOL) and may be subject to disciplinary action.

 

Can employees with the flu decide whether to go home and when to return to work?

Yes, just as in any other flu season. Employees should stay home until they have been fever-free for at least 24 hours without the use of fever-reducing medications. (A fever is a temperature of 100 degrees Fahrenheit or 37.8 degrees Celsius.)

 

Does an employee need a doctor's note to return to work?

Generally, employees don't need a doctor's note to return to work. However, there may be leave programs and policies that require a doctor's note to return to work (for example, CFRA, FMLA, etc.). Supervisors should contact their department's personnel office for further guidance.

 

Can a supervisor ask for medical verification of an employee's illness?

Supervisors need to check

• the departmental sick leave provisions and
• the provisions in the employee's collective bargaining agreement

to determine under what circumstances they can ask an employee for medical verification.

 

Should supervisors investigate outbreaks of the flu and notify other employees who might have been exposed?

No. An employee's health condition is a protected private matter and cannot be disclosed unless mandated by appropriate health agencies investigating exposure. At this time, individual cases of the flu are not being routinely investigated. The State employer takes its direction from public health officials regarding this issue.

 

Should supervisors advise employees with high-risk conditions (for example, pregnancy, diabetes, or heart conditions) to seek medical consultation?

No. Supervisors should not advise employees about their health conditions. You can let all employees know that CDPH and CDC advise employees with high-risk conditions to consult their own medical providers if they show signs of the flu.

 

At what point should departments discourage or restrict business travel?

At this time, the State has not restricted business travel due to the H1N1 flu. If it becomes necessary to restrict travel due to an increase in the flu's severity, DPA will inform departments. Prior to making any decisions on travel restrictions, DPA will confer with and obtain information from CDPH.

 

Can an employee who misses work due to the flu claim workers' compensation benefits?

The State Compensation Insurance Fund (SCIF) administers the State's workers' compensation claims. SCIF reviews and makes a determination to approve or deny the claim. Worker's compensation only covers injuries and illnesses that are work-related.

 

For more information

• Guidance for State employees
• Guidance for supervisors and managers
• Guidance for HR staff - PML 2009-037 - Update on the H1N1 Influenza | PDF | Attachment
• Guidance on employee leave benefits
• Guidance on telecommuting
• Guidance on HR/LR issues for departments with institutions

Workplace signs

• Wash Your Hands and Don't Spread Germs signs from CDPH
• Cover Your Cough signs from the CDC and the Minnesota Department of Health

Updated January 4, 2010 at 9:56 AM.