1. 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

2. LK 2 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.

3. Advisors and Legal Counselors in Education LK 3 Key Discussion Points General discussion Department of Health –Lessons learned –Communications Department of Education Legal considerations Planning checklist

4. Advisors and Legal Counselors in Education LK 4 Department of Health

5. Advisors and Legal Counselors in Education LK 5 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

6. Advisors and Legal Counselors in Education LK 6 Influenza Virus How 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

7. Advisors and Legal Counselors in Education LK 7 Lessons from Spring 2009 Concerns for Fall Flu Season

8. Advisors and Legal Counselors in Education LK 8 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

9. Advisors and Legal Counselors in Education LK 9 Key Organizations Health And Pandemic Information And Guidance EntityWebsite 1.WHO – World Health Organization – Pandemic alerts 1-6 http://www.who.int/en/ 2.CDC – Center for Disease Controlhttp://www.cdc.gov/ 3.Tennessee Department of Healthhttp://health.state.tn.us/ 4.County Health Department – most important for school closings

10. Advisors and Legal Counselors in Education LK 10 Superintendents Sharing

11. Advisors and Legal Counselors in Education LK 11 Legal Considerations

12. Advisors and Legal Counselors in Education LK 12 Human Resource Policies and Pandemic Planning Workplace Questions www.pandemicflu.gov/faq/workplace_que stions/human_resource_policies/index.html

13. Advisors and Legal Counselors in Education LK 13 LEAVE POLICIES Must an employer grant leave to an employee who is sick or who is caring for a family member that is sick?

14. Advisors and Legal Counselors in Education LK 14 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?

15. Advisors and Legal Counselors in Education LK 15 LEAVE POLICIES Which employees are eligible to take Family and Medical Leave Act leave?

16. Advisors and Legal Counselors in Education LK 16 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?

17. Advisors and Legal Counselors in Education LK 17 LEAVE POLICIES Can an employee stay home under Family and Medical Leave Act (FMLA) leave to avoid getting pandemic influenza?

18. Advisors and Legal Counselors in Education LK 18 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?

19. Advisors and Legal Counselors in Education LK 19 LEAVE POLICIES What types of policy options do employers have for preventing abuse of leave?

20. Advisors and Legal Counselors in Education LK 20 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?

21. Advisors and Legal Counselors in Education LK 21 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?

22. Advisors and Legal Counselors in Education LK 22 SENDING WORKERS HOME May employers prevent employees from coming to work?

23. Advisors and Legal Counselors in Education LK 23 SENDING WORKERS HOME 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?

24. Advisors and Legal Counselors in Education LK 24 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?

25. Advisors and Legal Counselors in Education LK 25 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?

26. Advisors and Legal Counselors in Education LK 26 LAYOFF/TERMINATION/FIRING Will workers qualify for unemployment if an influenza pandemic hits and their employer has to shut down operations?

27. Advisors and Legal Counselors in Education LK 27 LAYOFF/TERMINATION/FIRING 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?

28. Advisors and Legal Counselors in Education LK 28 LAYOFF/TERMINATION/FIRING 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?

29. Advisors and Legal Counselors in Education LK 29 LAYOFF/TERMINATION/FIRING 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.)

30. Advisors and Legal Counselors in Education LK 30 LAYOFF/TERMINATION/FIRING 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?

31. Advisors and Legal Counselors in Education LK 31 WORKING AT HOME AND SOCIAL DISTANCING May employers change work hours/schedules to minimize contact between employees?

32. Advisors and Legal Counselors in Education LK 32 WORKING AT HOME AND SOCIAL DISTANCING 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?

33. Advisors and Legal Counselors in Education LK 33 WORKING AT HOME AND SOCIAL DISTANCING May employers close lunch rooms and other gathering places to minimize contact between employees?

34. Advisors and Legal Counselors in Education LK 34 WORKING AT HOME AND SOCIAL DISTANCING 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.)?

35. Advisors and Legal Counselors in Education LK 35 WORKING AT HOME AND SOCIAL DISTANCING 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?

36. Advisors and Legal Counselors in Education LK 36 WORKING AT HOME AND SOCIAL DISTANCING Do employers have to pay employees their same hourly rate or salary if they work at home?

37. Advisors and Legal Counselors in Education LK 37 WORKING AT HOME AND SOCIAL DISTANCING Do OSHA’s regulations and standards apply to the home office?

38. Advisors and Legal Counselors in Education LK 38 WORKING AT HOME AND SOCIAL DISTANCING Are there any other Federal laws employers need to worry about if employees work from home?

39. Advisors and Legal Counselors in Education LK 39 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?

40. Advisors and Legal Counselors in Education LK 40 LIABILITY ISSUES Could employers be held liable if employees are injured while teleworking?

41. Advisors and Legal Counselors in Education LK 41 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?

42. Advisors and Legal Counselors in Education LK 42 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?

43. Advisors and Legal Counselors in Education LK 43 PRE-PANDEMIC WORKPLACE PLANNING What changes should be made, if any, to employee travel and what should be done to ensure employees living abroad are prepared?

44. Advisors and Legal Counselors in Education LK 44 PRE-PANDEMIC WORKPLACE PLANNING Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace?

45. Advisors and Legal Counselors in Education LK 45 PRE-PANDEMIC WORKPLACE PLANNING Should employers encourage employees to obtain seasonal flu vaccines and offer them in the workplace?

46. Advisors and Legal Counselors in Education LK 46 School Districts K-12 Pandemic Preparedness Planning Checklist

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