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Coronavirus craziness—managing sick employees during a pandemic

February 2020 employment law letter
Authors: 
Paul J. Sweeney and Robert E. Heary, Coughlin & Gerhart, LLP

Outbreaks of influenza and other viruses aren't unusual during the winter months. Once in a while, a particularly virulent viral strain captures the headlines. Such villains include the "Spanish flu" of 1918, SARS in 2002 and 2003, and H1N1 (the "swine flu") in 2009. Now, the coronavirus is grabbing public attention and causing widespread concern in the workplace, especially with employers that have workers who travel to China. Because employment laws generally aren't written with the Black Plague in mind, the prudent employer should have policies and practices that will work during both a deadly pandemic and a lesser flu.

Background

The coronavirus was first identified in Wuhan, Hubei Province, China. It features flu-like symptoms, including fever, cough, and trouble breathing. In severe cases, deaths have been reported. Although there have been relatively few confirmed coronavirus cases in the United States, the U.S. State Department has issued a level 3 travel advisory for China, recommending individuals reconsider travel.

Similarly, the U.S. Centers for Disease Control and Prevention (CDC) has issued a level 3 alert advising against nonessential travel to China. The Chinese government has suspended travel to the area around Wuhan and imposed strict restrictions there. Individuals returning from China have been advised to self-quarantine and seek immediate medical treatment if they exhibit any coronavirus symptoms.

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