Private Sector Workplace Questions

As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Topics on this page:

• Voluntary Isolation/Voluntary Home Quarantine
• Child Social Distancing
• Social Distancing of Adults in the Community and Workplace

A pandemic influenza will have little direct impact on the physical infrastructure of America’s Critical Infrastructure/Key Resource sectors, but could have a devastating impact on America’s workforce.  Anticipating and planning for a potential 40 percent reduction in the workforce for up to two weeks (and significant absenteeism for up to 12 weeks) will be critical to ensure that essential services are maintained.

The Centers for Disease Control and Prevention (CDC), U.S. Department of Health and Human Services (HHS), has developed interim planning guidance for implementing community mitigation strategies in the home, school, workplace and community to reduce pandemic influenza transmission.  These strategies are divided into four broad categories:  voluntary isolation, voluntary home quarantine, child social distancing (including dismissing children from school and child care), and social distancing of adults in the workplace and community.  The strategies challenge employers and their human resources professionals to consider the best planning and response in advance of a pandemic. This document (www.pandemicflu.gov/plan/community/commitigation.html) offers answers to many questions the U.S. business community may have regarding the impact of community mitigation strategies on the workplace.   

Voluntary Isolation/Voluntary Home Quarantine 

Voluntary isolation means all persons with confirmed or suspected pandemic influenza remain at home or within a healthcare setting; voluntary home quarantine means members of households with confirmed or suspected influenza stay at home.

• During a pandemic, may an employer track whether or not employees and their family members or associates have contracted pandemic influenza? If so, and as part of that tracking, may the employer require them to disclose whether they have, or have been exposed to, pandemic influenza?

• May employers mandate employees stay home if they or members of their family are known or suspected to have pandemic influenza or been exposed to someone with pandemic influenza?

• If employees are out of the workplace for an extended period due to pandemic influenza or caring for family members, will they qualify for any assistance under state or federal law (e.g., unemployment insurance)? What about workers’ compensation?

• 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?

• Is Federal or State assistance (i.e. tax credits or tax deductions) available to businesses that establish teleworking or other alternative work arrangements for employees during a pandemic?

• When communicating with employees before, during, or after a pandemic, are there restrictions on the type of information that can be shared?

• May an employer require an employee who is out sick with pandemic influenza to provide a doctor’s note, submit to a medical exam, or remain symptom-free for a specified amount of time before returning to work?

Child Social Distancing 

• What legal responsibility do employers have to allow parents or care givers time off from work to care for the sick or children who have been dismissed from school?

• If an employer establishes a child care center at the workplace for children who have been dismissed from school, will it violate the CDC’s community social distancing strategies for children?

• Could an organization be held liable if their employees or customers contract pandemic influenza while working at or visiting its place of business?

• What kinds of information should be conveyed to employees to prepare them for the issues that are likely to be of concern to them should a pandemic occur? What is the best way to communicate this information?

• What measures can employers adopt during a pandemic to alter the workplace and keep employees healthy?

• Before a pandemic, for the purpose of estimating pandemic absenteeism levels, may employers obtain medical information about employees’ general health status to identify those employees who may be at a greater risk of contracting pandemic influenza?

• Before a pandemic, may employers survey employees to identify who may need to stay home, telework, or work an alternate schedule to care for children because they are dismissed from school or child care, consistent with the Community Mitigation Guidance from HHS/CDC?

• Once a pandemic begins, may employers mandate alternative work schedules (e.g., flex-time, staggered shifts) or alternative work arrangements (e.g., telework) to promote social distancing?

Social Distancing of Adults in the Community and Workplace 

• Are employers required to provide employees with infection control supplies and personal protective equipment (PPE) to prevent or slow the transmission of influenza?

• During an influenza pandemic, can a healthy employee refuse to come to work, travel, or perform other job duties because of a belief that by doing so, he or she would be at an increased risk of catching pandemic influenza?

• Could employers be held liable if employees are injured while teleworking?

• Can employers close their place of business to employees or customers known to have contracted or to have been exposed to pandemic influenza?

• Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace?

• What changes should be made, if any, to employee travel and what should be done to ensure employees living abroad are prepared?

• May employers treat essential/critical employees different than other employees such as providing transportation to and from work or giving them antivirals when there is a limited supply?

Workplace Frequent Questions by Category:

• Human Resource Policies and Pandemic Planning

• Equal Employment Opportunity (EEO) and Privacy Issues

• Workplace Benefits

• Workplace Safety and Health Issues

• Unemployment Issues and Financial Assistance

• Private Sector Workplace Issues