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Prepare for colds, flu, and facing winter in Iowa

November 2022 employment law letter
Authors: 
Jo Ellen Whitney, Dentons Davis Brown

We are fast approaching winter. Soon, the Iowa Department of Public Health will start regularly announcing flu rates, and weather alerts will be blaring at us weekly. And like your car, you may need to winterize your employment policies.

Communicable disease policies

Regardless of the current Occupational Safety and Health Administration (OSHA) rules, during the height of COVID, it had a great employer requirement: If employees tested for an illness, they were required to provide the test result to their employer before returning to work. Employer policies may need to be updated to include this expectation in tandem with your leave policies, to include other highly communicable diseases including flu, COVID, and TB. Like any other employee medical request, this should be treated confidentially.

Such policies should also continue to require employees to stay home if they have a fever, cough, active symptoms, or have a reasonable belief they are communicable.

Flu shots

Many employees may confuse the exemption rules for flu shots with Iowa laws about COVID. In Iowa, less information is needed for an exemption from COVID vaccines. The exception is in a healthcare setting, which is typically governed by federal law, including the Centers for Medicare and Medicaid Services (CMS).

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