Getting Ready for Swine Flu - 10 Important Questions

Swine flu reports have everyone expecting a tough flu season, and businesses are making plans for continuity of operations. With many labor forces reduced by RIFs, and some leave banks reduced under forced leave policies, companies have less room than ever for mistakes. Effective continuity plans require personnel policies and practices that support efficient operations during a flu pandemic.

Are your personnel policies ready for flu season? Here are 10 questions to help you prepare.

Leave Policies: Leave policies will be tested if a flu pandemic comes. Be sure yours are ready.

1. Are your leave policies up to date? New FMLA regulations went into effect early this year, and some states (including Maryland and DC) adopted new laws on employee leave in the last 12 months. Compliance with new laws and regulations is sure to be tested.
2. Will you be able to use existing approval / check-in policies? CDC is urging employers to give doctors a break and not ask them for notes to document absences. If the flu hits your business hard, the typical chain of command for leave approval and absentee check-ins may be disrupted. Do you need to change current practices to make your policies work in a pandemic?
3. What happens when paid leave is exhausted? Remember, if a salaried employee must use unpaid leave for an absence of less than a workweek, you must pay them for the full workweek or they may become eligible for overtime.
4. What happens when unpaid leave is exhausted? Do you have any policies to keep vital personnel on payroll after unpaid leave is exhausted? Can you use them in a way that won't expose you to scrutiny for discrimination claims by personnel whose employment is terminated when their unpaid leave is exhausted?
5. Will employees know policy changes are temporary? If you announce changes to your leave policies or practices to handle a tough flu season, be sure to state that they are temporary. Then, when you are able to return to your normal policies, let your personnel know the temporary policies are ending.

Telework Policies: Even while staying home to care for a sick family member, some employees may be available to work. Expanding telework capability can aid your business continuity.

1. Is your telework policy ready for flu season? If employees need approval to telework from home, do you have a process for approving telework on a temporary basis?
2. Are your information systems ready for increased telework? Check your anticipated needs for communications bandwidth, processing power and end-user licenses. Some software applications may consider telework access to require additional seats or other license fees.
3. Will information security policies be supported and observed? Data security is important for all businesses and critical for many. Do you want company data on home computers? Home computers may not have up-to-date virus protection. They may be accessible through unprotected Wi-Fi networks. Telework by encrypted VPN generally will be preferable to transferring company data to personal computers for home work.
4. Will personnel know how and when they can reach each other? Think about how staff will reach one another, update their availability, and schedule teleconference meetings. Will you need to budget for increased use of third-party teleconference hosting? Is information on home and cell phone numbers all up-to-date?
5. How will you keep complete and accurate time records? Wage and hour laws require complete and accurate time records for hourly staff. You may need similar records for other employees, too, especially if their time is billable to your clients.

The answers won't be the same for every company, and you'll have other questions to consider, too. Experienced professionals, including legal counsel, can help find the right answers for your business. Attorney Andrew Milne can be reached at Garson Claxton at (301) 280-2700 or at amilne@garsonlaw.com.