Risk Insights issue 2

RISK INSIGHTS
bi-weekly risk management eZINE

Employment Discrimination and the Swine Flu

2009 October-Issue 2

The Healy Group

53800 Generations Drive

South Bend, Indiana 46635

www.healygroup.com

Greetings!

Many employers are justifiably concerned regarding the potential for outbreak of the H1N1 Virus,
commonly referred to as the Swine Flu. Employers are in the delicate position of balancing the
rights of individual employees under various Federal and State labor laws and the potential
business interruption that could be caused by an outbreak. There are, however, things an
employer may and may not do to prevent such an outbreak.

An employer may:
· Encourage employees to stay home if they are sick. This may require added flexibility
on the part of the employer in regards to standard sick and vacation time policies.
· Encourage employees to be vaccinated for the H1N1 virus if they are in a high risk
group.
· Train employees on preventive measures such as using hand sanitizers and proper
sneezing etiquette.

An employer may not:
· Require employees to be vaccinated or disclose their vaccination status.
· Send employees home if they appear to be sick or there is concern that they may have
been exposed to the virus.
· Conduct medical inquiries regarding the nature or severity of an employee's illness when
they have missed work.
· Discriminate against groups of employees because they are perceived to be at a higher
risk of infection

Sincerely,
Scott D. Johnson
Risk Navigator

About Our Firm

This is neither an effort to practice law nor a legal service. The Healy Group does not engage in the practice of law, accounting or tax consulting. The Healy Group encourages everyone to consult with their own attorney, certified public accountant and tax professional on any issues involving specific facts, persons, circumstances or situations. For over 33 years, The Healy Group has been delivering, Risk Management, Commercial Property & Casualty Insurance, Employee Benefits, Money Management, and Mortgage services to hundreds of Michiana businesses and personal clients.

Sponsor Spotlight

As a benefit of the Healy Group's membership in the distinguished 1885 Club, this e-zine is sponsored in part by Hastings Mutual Insurance Co. For more information about Hastings Mutual, please visit their website at www.hastingsmutual.com