Swine Flu - what do employers need to know?
According to the Government and based upon historic flu pandemics, it is expected that there will be a second, more severe wave of swine flu cases in the autumn/winter. In addition, there are predictions of cases of swine flu increasing when the schools re-open in September.
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Businesslink is a free advice and support service, which is available online. It provides guidance for employers and you can subscribe and receive email alerts. Businesslink recommends that employers circulate the NHS leaflet on what swine flu is and how to avoid its transmission to all staff. The site also provides information about business continuity planning in the event of the pandemic crippling the workforce.
Pregnant and vulnerable employees
Employers have a general duty to provide a safe system and place of work for all their employees. Employers should also conduct a risk assessment in respect of all staff and in particular, to consider risks to women of childbearing age - whether they are pregnant or not. There is no specific guidance issued by the government in respect of pregnant women (such as them staying at home) at the moment. That said, all employers should consider, as part of their ongoing risk assessment, the risks swine flu poses to all, but in particular, to pregnant and vulnerable employees.
Special sectors (public events, health care providers and pig keepers)
The Health Protection Agency is advising that there is no need to avoid mass gatherings or social events at the present time. Health care providers and pig keepers are given specific advice from the Department of Health and the Department for Environment, Food and Rural Affairs respectively.
Should employees stay at home if they come into contact with someone with swine flu?
People with suspected swine flu are advised to stay at home and restrict their contact with others whilst they are infectious (when they have flu-like symptoms - which usually last for five days). For people who have come into contact with someone who is ill, the advice is that there is no need to avoid contact with others, unless they develop symptoms themselves. If an employee does not have flu-like symptoms and is feeling well, they are advised to continue to attend work. It can, however, take seven days (usually between two to five days) for the symptoms to develop.
What about an employee who is a flu friend?
The government has introduced the concept of a 'flu friend' who is either a relative, friend or neighbour who will help an individual who is ill by collecting medicines and delivering groceries, so that the person with swine flu can stay at home and does not have to come into contact with others, in order to reduce spread of the virus. Flu friends are advised to remain at least a meter away from the person who is ill.
Employees have the right to take time off, in certain circumstances, to care for or make arrangements in respect of a 'dependant'. Besides collecting prescriptions and caring for an ill dependant, the right to time off could also be used when, for example, a school is closed and arrangements need to be made to look after children.
Although a neighbour would not be classed as a 'dependant', it would be good practice to allow employees to take a reasonable amount of time off to be a 'flu friend', as your employees may need the favour returning.
If you think that this right is being abused or that an employee is malingering, by claiming to be ill, when they are not or incorrectly self-diagnosing, you can consider taking disciplinary action. As ever, employers need to follow the correct procedure and take advice as these issues are not always clear-cut and although an employee may have misbehaved, an employer can unwittingly trip themselves up on the process and procedure.
Published - August 2009
This article is provided for general information only. Please do not make any decision on the basis of this article alone without taking specific advice from us. stevensdrake will only be responsible for the advice we give which is specific to you.
