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Solving Your Swine Flu Bind? Employment Issues Come to Mind



by John W. Robinson View Biography
Fowler White Boggs P.A. View Firm Credentials
Tampa Office

May 20, 2009

Previously published on May 7, 2009

With Swine Flu concerns mounting, businesses must be prepared to handle employee absences. John Robinson was interviewed by MSNBC writer Eve Tahmincioglu, regarding sick leave policies.  Some legal issues that businesses should keep in mind:

  • The Family Medical Leave Act (FMLA) provides unpaid leave to employees for serious medical conditions (for employees and their immediate family members). Employees get 90 days of leave. The employer must have 50 employees for FMLA to apply. Employee must work a year to become eligible for leave.
  • Check local ordinances and state employment laws, which may provide leave rights beyond FMLA.
  • Require employees to provide notes from medical professionals for any non-routine, contagious, or work limitations on sick leave or return to work.
  • Institute and apply a “no call, no show” policy for disciplining employees who fail to call in sick. If they fail to call when they stay at home sick, they are disciplined.
  • Consider a personal time off policy, where employees have a set number of days in a “leave bank.” Employees can take time off for sick days, appointments, family events and leave.
  • Institute and publicize sick leave and reporting.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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