H1N1 is a virus; it causes influenza (flu), which is different from the ordinary or seasonal flu that occurs every winter.
The World Health Organisation (WHO) has been monitoring the spread of the virus and on the 11th June 2009 declared a global pandemic. As a result of this the Department of Health and Children (DOHC) with the Health Service Executive (HSE) have developed plans to manage the spread of H1N1 in this country.
Reference sources: A useful reference source for business continuity planning for an influenza pandemic can be found at:
http://www.entemp.ie/publications/corporate/2007/flupanreportpart1.pdf
Other useful sources of information which are updated frequently include:
www.dohc.ie Dept. Health & Children information leaflet download here
www.hse.ie
www.hsa.ie
www.cdc.gov/h1n1flu/
Dept Enterprise, Trade and Employment Business Continuity Planning
Role of DOHC & HSE: The DOHC and HSE will closely monitor outbreaks of H1N1; if there is an outbreak in your organisation or locality you will receive specific advice on how to manage from the public health doctors in the HSE Local Health Office.
QUESTIONS & ANSWERS
1. Can my employer force me to stay away from the workplace if I have flu?
These issues should be governed by your employment contract or staff handbook. Under the Safety Health and Welfare at Work Act, 2005 the employer is obliged to provide a safe place of work for workers and may insist on staff staying away from the workplace on this basis. This kind of emergency is highly unusual and most contracts or handbooks will not deal with major emergency plans. As a result employers should consider bringing in specific swine flu policies to guide their staff in the event that they contract the flu.
2. Can I take leave if my children are sick or their school closes at short notice?
In emergency cases your staff may be entitled to paid Force Majeure Leave under the Parental Leave Act 1998. FM leave is only available in restricted emergency circumstances and for a maximum of 3 days in 12 months or 5 days in 36 months. This can only be availed of where your child is actually ill.
3. Can my employer force me to take medication or a vaccine?
No employer can force a staff member to take medication against their will. They can however recommend certain practices (for example, hand washing, use of protective screens, non use of air conditioning etc) as part of their swine flu policy. Failure to follow the policy could be considered a disciplinary issue.
4. Should my employer have a swine flu policy?
The swine flu threat is highly unusual and unlikely to be adequately catered for in your current employment handbook. As a result, to help guide staff and avoid confusion, a specific swine flu policy should be introduced in the workplace.
5. Am I entitled to paid leave if I contract swine flu?
Under Irish law there is no statutory entitlement to paid sick leave. This should be dealt with in your statement of employment terms provided under the Terms of Employment Information Act or in your contract of employment. If you are not entitled to paid sick leave you may have to apply for illness benefit from the Department of Social and Family Affairs.
6. What if staff refuse or neglect to follow our swine flu policy?
The swine flu policy should stress the importance of workplace health and safety. Deliberate breach or ignorance of the policy should be a disciplinary matter and staff should be made aware of the possible consequences. Inadvertent or accidental breach should be tolerated.
7. Can I be held liable for passing swine flu to my colleagues?
Workplaces are generally healthy environments but they come with risks of bugs and viruses being passed around. That is a voluntary assumption of risk by employees when they come to work. A case of this nature would be almost impossible to prove in Court.
8. What if I am worried about my personal safety when working or visiting a customer?
If you have concerns you should communicate them in advance and try to seek alternative options. Conference calls and a reduction in face time with clients may result but once you communicate the concerns clearly you should not have any problem. If however the excuse has no basis and is merely a way of getting out of work, disciplinary consequences could follow.
9. Can I insist on working from home if we have an outbreak in the office?
Many employment contracts allow for flexible working arrangements. Current medical advice suggests that if you have symptoms you should stay isolated. In the absence of a contract or policy allowing you to work from home you should only take this step once you have authority from your employer.
10. Where can I get up to date advice if I am worried?
The HSE have an information line at 1800 94 11 00 or you can check out their website at www.hse.ie/eng/swineflu/