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HEALTH QUESTIONS
It is important to note that health information and advice may change as we learn more about viruses such as H1N1. For the most complete and up-to-date information on these and other questions, go to www.fightflu.ca.
- How is the H1N1 virus spread?
- How long does the H1N1 virus live outside the body?
- When is it safe to go back to work?
- Signs & Symptoms of the Cold and the Flu
- Cleaning of linens and eating utensils
- Is the use of Facemasks recommended?
- Is the H1N1 Pandemic over?
- Is there an “average” period of time an employer can expect an employee to be absent if they are experiencing flu-like symptoms?
- Would you suggest making any general planning assumptions around transmission? For example, One person will infect two others if they come to work etc?
Business Questions
- Can I require an employee to work overtime?
- Will employees who are absent from work due to H1N1 be eligible for short term disability benefits?
- If an employee calls in sick, reporting flu-like symptoms, can I advise the employee to stay away from the workplace until their symptoms pass?
- What happens if an employee remains off work due to flu-like symptoms for a period longer than the number of sick days they have accrued?
- As an employer can I ask my employee what symptoms they are experiencing if they call in sick?
- Are we discriminating inappropriately if we allow employees to be absent from the workplace when they report flu like symptoms but not for other undiagnosed illnesses? (example a cold)
- What if your key supplier doesn't have a pandemic plan?
- Most companies require employees to provide medical certificates for absences of 3 or more days (for example). Should this be reviewed in the event of a pandemic to avoid crowding medical centers?
- Should we ask employees to identify the fact they are calling in sick due to suspected swine flu?
- Where does a pandemic plan end and the business continuity plan start?
Health Questions
How is the H1N1 virus spread?
The H1N1 flu virus is contagious and is spread the same way as regular seasonal influenza. This happens when an infected person coughs or sneezes and the virus enters the nose, eyes, or throat of another person. The virus can also rest on hard surfaces like counters and doorknobs, and can be picked up on hands and transmitted to the respiratory system when someone touches their mouth and/or nose. It is not possible to catch it by eating pork or pork products or through blood transfusions. October 8, 2009
How long does the H1N1 virus live outside the body?
The H1N1 Flu Virus can live outside the body on hard surfaces, such as stainless steel and plastic, for 24-48 hours and on soft surfaces, such as cloth, paper, and tissues for less than 8-12 hours; however, it can only infect a person for up to 2-8 hours after being deposited on hard surfaces, and for up to a few minutes after being deposited on soft surfaces. October 8, 2009
When is it safe to go back to work?
Employees need to stay home until their flu symptoms are gone and they feel well enough to participate in all activities. October 8, 2009
Signs & Symptoms of the Cold and the Flu
October 8, 2009
Cleaning of linens and eating utensils
Linens, eating utensils, and dishes belonging to those who are sick do not need to be cleaned separately, but importantly these items should not be shared without washing thoroughly first. Linens (such as bed sheets and towels) should be washed by using household laundry soap and tumbled dry on a hot setting.; Individuals should avoid "hugging" laundry prior to washing it to prevent contaminating themselves. Individuals should wash their hands with soap and water or alcohol-based hand rub immediately after handling dirty laundry.
Eating utensils should be washed either in a dishwasher or by hand with water and soap. October 8, 2009
Is the use of Facemasks recommended?
The Public Health Agency of Canada does not recommend that healthy people wear masks as they go about their daily lives in the community.
There is no evidence to suggest that wearing masks will prevent the spread of infection in the general population. Improper use of masks may in fact increase the risk of infection. Masks do not act as an effective barrier against disease when they are worn for extended periods of time. In addition, removing your mask incorrectly can spread virus to your hands and face.
The situation is different for a person who is ill and who must go out into the community (for example, to seek medical care). In that case, it is recommended taking measures to avoid exposing others to the virus, such as coughing or sneezing into a disposable tissue or sleeve, and avoiding crowds (like mass transit). A face mask should then be worn, if available, to reduce the risk of spreading the virus within the community. See www.fightflu.ca under "How to look after someone at home with H1N1 flu virus" for tips on wearing a mask. October 8, 2009
Is the H1N1 Pandemic over?
Athough we have come to the end of the second wave of H1N1, cases are still occurring around the globe and there is still a possibility of a third wave in Canada (updated March 2010).
Is there an “average” period of time an employer can expect an employee to be absent if they are experiencing flu-like symptoms?
Individuals are advised to remain away from the workplace until they no longer experience flu-like symptoms. For most people, if they get sick with H1N1 influenza, it will feel the same as regular “seasonal” flu and they will recover within a week or 10 days. Other may have more severe illness, however, and will be away from workplace for a longer period of time.
Would you suggest making any general planning assumptions around transmission? For example, One person will infect two others if they come to work etc?
It is recommended that you NOT make any assumptions around transmission of a pandemic flu. It is recommended that employers focus planning around the question - "what if 15%, or 25% or 35% of my staff were absent, what would I do to continue operating?"
It has been estimated that a person with H1N1 infects, on average, from 1 to 5 other people. It is unclear how information like this would be applied to a work setting since there are a great many variables and it is generally not possible to extrapolate from the general to the specific.
BUSINESS QUESTIONS
Can I require an employee to work overtime?
Check the overtime clause in the employment agreement or collective agreement. Most labour statutes provide that overtime is voluntary. Some statutes allow an employer to require overtime under certain conditions
- the situation is an emergency and something had to be done;
- the situation is unforeseen, it arose because of something beyond human control; and
- if not done there would be a serious problem for the business.
Check the labour statutes applicable to your province. You can find them on our links page
Will employees who are absent from work due to H1N1 be eligible for short term disability benefits?
Some employers provide their employees with Short Term Disability benefits commonly referred to as STD benefits. STD benefits offer partial income replacement in the event an eligible employee is unable to work due to a non occupational injury or illness. STD plans are administered by the leading insurance companies who adjudicate employee claims based upon the specific terms and conditions of the STD policy and contract in place. Where STD programs are provided, each will have its own unique terms and conditions so it is always important to review any specific questions about the details of coverage and eligibility with your employer.
Insurers will accept claims from eligible employees who may be suffering from H1N1. The insurer will apply standard adjudication principles to determine whether a specific claimant is eligible to receive benefits.
If an employee calls in sick, reporting flu-like symptoms, can I advise the employee to stay away from the workplace until their symptoms pass?
Yes. One of the best ways to reduce the spread of H1N1 during a pandemic is to advise employees who exhibit flu-like symptoms to remain home and to stay away from the workplace until they no longer experience symptoms.
What happens if an employee remains off work due to flu-like symptoms for a period longer than the number of sick days they have accrued?
Some employers provide employees with a predetermined number of sick days they may take away from the workplace if they are ill. In many cases these days are paid. Not all employers provide such programs. Where they do, each has its own unique provisions. You should always refer to the specific provisions of such programs or plans.
Typically where an employee is ill beyond the number of days that they have available under such plans they are not eligible to be paid.
As an employer can I ask my employee what symptoms they are experiencing if they call in sick?
Yes, however caution is advised. As an employer you can ask the employee to describe the symptoms they are experiencing, however you must be cautious not to seek the employee’s self diagnosis of their condition. Nor should you ask for any diagnosis their physician may have provided. Information about the diagnosis or specific medical condition is confidential and not information an employer requires.
You should enquire about the symptoms for at least the following reasons:
- To show a genuine interest in the health and wellbeing of the employee.
- To determine the veracity of the employee’s requirement to be absent as well as to determine when they may be fit to return to the workplace.
- To determine whether it is possible to accommodate the employee’s limitations and restrictions in the workplace, by alternate assignment or by the possibility of working from home where this is practicable.
Are we discriminating inappropriately if we allow employees to be absent from the workplace when they report flu like symptoms but not for other undiagnosed illnesses? (example a cold)
Employers must ensure they abide by the Human Rights legislation applicable in the jurisdictions in which their employees work during a pandemic. They may not discriminate based on any prohibited grounds such as race, ethnic origin, color, religion, age, sex marital status, family status, disability, gender, sexual orientation, pardoned conviction or disability or others as may be applicable to the jurisdictions in which they operate. The key question as related to pandemic planning is whether the flu like symptoms constitutes a disability. Employers must follow non-discriminatory practices and standards for all employees.
If employers are treating all employees who describe flu like symptoms fairly and consistently it is not discriminatory.
In all cases, decisions about whether an employee should be absent from the workplace must be decided on a case by case basis based on the symptoms described by the employee. However many common illnesses such as a cold do not hold the broader health risks for severity and rapid spread that is seen with H1N1.
During an H1N1 pandemic one of the most effective methods to reduce the spread is to try to keep those with flu like symptoms away from those without. This is commonly referred to as social distancing and is a key strategy to prevent the spread of infectious diseases like H1N1. Therefore it is proper to recommend that employees experiencing flu like symptoms remain away from the workplace.
What if your key supplier doesn't have a pandemic plan?
There are a number of options you could consider in this situation.
- Encourage your supplier to develop a pandemic plan to reduce the risk of disruption of the key supplies. Your influence may depend on the value of your purchases from the key supplier.
- Increase your inventory levels to reduce your risk.
- Identify alternate suppliers for your key supplies.
Most companies require employees to provide medical certificates for absences of 3 or more days (for example). Should this be reviewed in the event of a pandemic to avoid crowding medical centers?
If an employer has an established policy requiring employees to provide a medical certificate in the event of an absence beyond a given number of days the employer may continue to apply the policy as the most consistent long term strategy for their organization.
However, if employees are experiencing difficulty accessing medical care, Employers may consider temporarily waiving the requirement for a medical certificate for H1N1 suspected illnesses.
Should we ask employees to identify the fact they are calling in sick due to suspected H1N1/swine flu?
Yes. As an employer you need to determine why the employee calling in is unable to attend work as scheduled. It is reasonable to ask the employee to indicate why they are unable to attend work.
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Where does a pandemic plan end and the business continuity plan start?
There may certainly be overlap between a business continuity plan focusing on facilities disruption or disruption due to an event such as a snowstorm, power outage, etc. The pandemic plan is needed to cover a longer period since a pandemic wave can last for up to 6 to 8 weeks.
The pandemic plan focuses on what do you think will happen to demand for your businesses goods & services, what will you do if a percentage (15%, 25%, or 35%) of staff are not available to work due to flu like illness. What are your supply chain risks in the event of a pandemic lasting 6 to 8 weeks? A pandemic plan is one component of a comprehensive business continuity plan for your organization.
A business continuity plan should address facilities disruption, information technology disruption and people disruption. The people disruption is the pandemic plan.
This initiative was made possible thanks to funding by the Public Health Agency of Canada
© 2009 International Centre for Infectious Diseases