swine flu (h1n1) planning concerns for fall 2009 lewis, king, krieg and waldrop, p.c. education...

Swine Flu (H1N1)

Planning Concerns For Fall 2009

Lewis, King, Krieg and Waldrop, P.C.

Education Practice Team 2009 - Chuck Cagle, PG Leader - Larry Giordano, Knoxville PG Leader - Sam Jackson, Nashville

Advisors and Legal Counselors in Education

2Advisors and Legal Counselors in Education

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DISCLAIMER And NOTICE

The information that is provided herein is believed to be accurate. However, this information should not be considered legal advice on any particular topic. Information provided is general in nature, and all fact patterns are potentially different. The results of each matter are dependant upon the facts of that matter. You thus should not act on information contained herein without seeking professional legal advice related to your particular circumstances.


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Key Discussion Points

• General discussion• Department of Health

– Lessons learned– Communications

• Department of Education• Legal considerations• Planning checklist


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Department of Health


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The Pandemic Flu Cycle

• Historical cycles of 10 to 40 years

• Rapid transmission with worldwide outbreaks

• Multiple waves of disease over a 2 year period

• High attack rate for all age groups

• High mortality rates especially for young adults


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Influenza VirusHow It Spreads

• Close contact (< 6 feet) with person who is coughing or sneezing

• Touching a surface contaminated by respiratory secretions and getting the virus into mouth, nose or eyes


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Lessons from Spring 2009 Concerns for Fall Flu Season


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General Guidance

Because resources will be limited…contingency planning should include:

– Planning for absenteeism: ~40%

– Hygiene products and education in the workplace

– Supply shortages

– Home offices for critical personnel

– Sick leave policies compatible with state recommendations

– Communication plans


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Key Organizations Health And Pandemic Information And Guidance

Entity Website

1. WHO – World Health Organization – Pandemic alerts 1-6

http://www.who.int/en/

2. CDC – Center for Disease Control http://www.cdc.gov/

3. Tennessee Department of Health http://health.state.tn.us/

4. County Health Department – most important for school closings


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Superintendents Sharing


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Legal Considerations


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Human Resource Policies and Pandemic Planning Workplace Questions

www.pandemicflu.gov/faq/workplace_questions/human_resource_policies/index.html


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LEAVE POLICIES

• Must an employer grant leave to an employee who is sick or who is caring for a family member that is sick?


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LEAVE POLICIES

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?


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LEAVE POLICIES

Which employees are eligible to take Family and Medical Leave Act leave?


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LEAVE POLICIES

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?


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LEAVE POLICIES

Can an employee stay home under Family and Medical Leave Act (FMLA) leave to avoid getting pandemic influenza?


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LEAVE POLICIES

May employers change their paid sick leave policy if a number of employees are out and they cannot afford to pay them all?


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LEAVE POLICIES

What types of policy options do employers have for preventing abuse of leave?


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RETURN TO WORK

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?


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SENDING WORKERS HOME

• May employers send employees home if they show symptoms of pandemic influenza? Can the employees be required to take sick leave? Do they have to be paid?


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May employers prevent employees from coming to work?


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• 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?


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REFUSAL TO WORK

• 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?


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REFUSAL TO WORK

What if an employee has asked the Occupational Safety and Health Administration (OSHA) to investigate because they believe it is unsafe to come to work or perform specific duties and claims retaliation if the employer takes action against them for refusing to come to work or perform these duties?


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LAYOFF/TERMINATION/FIRING

Will workers qualify for unemployment if an influenza pandemic hits and their employer has to shut down operations?


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During a pandemic, some employees may not be able to come to work because public transportation is not available. May an employer lay them off?


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Some employees may not be able to come to work because they have to take care of sick family members. May an employer lay them off?


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If a business is open during a pandemic, can the employer fire or layoff a worker who cannot come to work because of a state, federal or locally ordered quarantine in the town where she lives? (This worker is neither sick, nor caring for a sick family member.)


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May employers fire employees (in non-health care sectors) if they refuse to follow the company’s rules to control infection and increase hygienic practices during a pandemic?


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WORKING AT HOME AND SOCIAL DISTANCING

• May employers change work hours/schedules to minimize contact between employees?


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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?


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May employers close lunch rooms and other gathering places to minimize contact between employees?


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Are businesses and other employers required to cover any additional costs that employees may incur if they work from home (DSL line, computer, additional phone line, increased use of electricity, etc.)?


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In the event an organization bars employees from working from their current place of business and requires them to work at home, will employers have to pay those employees who are unable to work from home?


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Do employers have to pay employees their same hourly rate or salary if they work at home?


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Do OSHA’s regulations and standards apply to the home office?


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Are there any other Federal laws employers need to worry about if employees work from home?


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LIABILITY ISSUES

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


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LIABILITY ISSUES

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


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LIABILITY ISSUES

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


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PRE-PANDEMIC WORKPLACE PLANNING

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?


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


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


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School Districts K-12 Pandemic Preparedness Planning Checklist


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1. Planning and Coordination:School District K-12 Pandemic Influezna Planning Checklist

Tasks Planned Action Who

When

Identify the authority responsible for declaring a public health emergency

at the state and local levels and for officially activating the district's pandemic influenza response plan.

Identify for all stakeholders the legal authorities responsible for executing

the community operational plan, especially those authorities responsible for case identification, isolation, quarantine, movement restriction, healthcare services, emergency carAs part of the district's crisis management plan, address pandemic

influenza preparedness, involving all relevant stakeholders in the district (e.g., lead emergency response agency, district administrators, local public health representatives, school healWork w ith local and/or state health departments and other community

partners to establish organizational structures, such as the Incident Command System, to manage the execution of the district's pandemic flu plan. An Incident Command System, or ICS, is aDelineate accountability and responsibility as well as resources for key

stakeholders engaged in planning and executing specific components of the operational plan. Assure that the plan includes timelines, deliverables, and performance measures.Work w ith your local and/or state health department and state education

agencies to coordinate w ith their pandemic plans. Assure that pandemic planning is coordinated w ith the community's pandemic plan as well as the state department of education's plan.Test the linkages between the district's Incident Command System and the

local/state health department's and state education department's Incident Command System.


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1. Planning and Coordination:(Continued)School District K-12 Pandemic Influezna Planning Checklist

Tasks Planned Action

Contribute to the local health department's operational plan for surge

capacity of healthcare and other services to meet the needs of the community (e.g., schools designated as contingency hospitals, schools feeding vulnerable populations, community utili

Incorporate into the pandemic influenza plan the requirements of students

w ith special needs (e.g., low income students who rely on the school food service for daily meals), those in special facilities (e.g., juvenile justice facilities) as well as those

Participate in exercises of the community's pandemic plan.

Work w ith the local health department to address provision of

psychosocial support services for the staff, students and their families during and after a pandemic.Consider developing in concert w ith the local health department a

surveillance system that would alert the local health department to a substantial increase in absenteeism among students.Implement an exercise/drill to test your pandemic plan and revise it

periodicallyShare what you have learned from developing your preparedness and

response plan w ith other LEAs as well as private schools w ithin the community to improve community response efforts.


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2. Continuity of Student Learning and Core Operations:

School District K-12 Pandemic Influezna Planning Checklist

Tasks Planned ActionDevelop scenarios describing the potential impact of a pandemic on

student learning (e.g., student and staff absences), school closings, and extracurricular activities based on having various levels of illness among students and staff.Develop alternative procedures to assure continuity of instruction (e.g.,

web-based distance instruction, telephone trees, mailed lessons and assignments, instruction via local radio or television stations) in the event of district school closures.Develop a continuity of operations plan for essential central office

functions including payroll and ongoing communication w ith students and parents.

swine flu (h1n1) planning concerns for fall 2009 lewis, king, krieg and waldrop, p.c. education...

Documents

legal counselors

professional legal advice

pandemic information

medical leave act leave

paid sick leave

pandemic influenza

family member

employer grant leave