Swine Flu - What can employers do?

As the deadly Swine Flu continues to spread and cases have already been confirmed in Scotland, employment law experts are warning Scots employers that they must take action now to minimise the impact such an outbreak could have on their company.

Aberdeen-based firm Empire HR says there have been reports that absence levels have increased sharply in recent days with employees calling in sick with flu-like symptoms and increased absenteeism can have a detrimental impact on any company.

According to absence management firm FirstCare, 27,000 people in the UK took the day off on Monday this week complaining of cold, cough and flu symptoms. This figure is at least 8.2% higher than would be expected for this time of year.

Current absence trends match the initial stages of the Norovirus outbreak in January 2007.

But Empire HR is stressing that it is not unusual to see a slight increase in absence levels during a health issue receiving world-wide media coverage.

Claire Wiltshire, Employment Law Advisor for Empire HR, said: ìThis is obviously a major worry for employers, and will lead to concerns that employees will take advantage of the media attention given to the Swine Flu in order to have a few extra days off work.

ìThe nature of this particular health issue means that employers need to balance their concerns about absence levels with the risks involved in employees attending work when they could be carrying an infectious disease.î

However, this shouldnít be used as an opportunity by staff to take advantage of the absence system.

In preparation to deal with absence issues during this health scare, Empire HR are encouraging employers to ensure their absence reporting procedures are up to date, and to remind employees that these procedures must followed if they are too ill to work.

The procedures should make it clear who staff should contact if they are unwell, the time they must phone in by, and how often they are required to contact work with an update on their illness.

Any failure to follow this procedure, or evidence of fraudulent claims of illness can be dealt with through the company disciplinary procedures.

Miss Wiltshire continued: ìUnfortunately many companies will be more susceptible to the impact of increased absence levels due to the difficult economic climate. However, being prepared and aware of the implications of a potential outbreak of Swine Flu amongst employees could make a real difference to the ability of a company to weather the storm.î

As the number of cases of Swine flu increases, some employers will also likely face restrictions on business travel. The Foreign Office is advising against any non essential travel to Mexico, and the EU Health Commissioner is asking Europeans not to travel to Mexico or the US if it is not essential.

If an employer fails to follow Government advice in relation to travel it could lead to a claim as a company has a duty of care towards that employee.

In this respect employers are urged to postpone non essential trips and consider video conferencing and emails to reduce the need for face to face contact in affected areas. Many airlines have agreed to reschedule flights to Mexico without charge, once the flu bug is under control, therefore companies should find out if any pre-booked flights can be postponed.

This recent health concern is at the early stages but Empire HR is recommending that employers issue guidance advice to employees on how to minimise the risks of contracting or spreading the disease, how to recognise the symptoms of flu, and when they should call in sick.

Miss Wiltshire added: ìEmployers should be looking to issue memos or circulated information about basic hygiene guidance such as washing hands regularly, covering sneezes and coughs, and eating well to maintain a health immune system. These measures can help prevent many infectious diseases other than Swine Flu.

ìEmployers have a duty of care to their staff and they must follow any Government advice issued. It is also important to recognise that some employees may have heightened fears about contracting Swine Flu, such as pregnant women and those with health conditions affecting the immune system. They should be reassured that the company will not ask them to work in affected areas, and that a full risk assessment will be carried out.î

If a member of staff does contract the disease, an employer will need to instigate a period of enforced leave in order to minimise the risk of the disease spreading so employers should consider the impact that could have on operations.
Empire HR recommends that companies should have contingency plans in place outlining how the business can operate on a skeleton staff. Such a plan will ensure that key staff will know exactly what to do if a large number of staff are off sick and it could make a real difference in an emergency situation.

For more information, contact Empire HR on (01224) 701383.