Dealing with Flu & Illness in the Workplace

This winter, everyone seems to know someone at home or at the office who has been taken down by some variation of the flu or a virus. What can employers do to reduce the spread of illness and manage employee time off, leaves of absence, and requests to work from home? We have some suggestions!

Prevent the Spread of Illness in the Workplace

  • Review your relevant policies to ensure that they encourage sick workers to stay at home without fear of any reprisals. Remember that you provide paid time off so that employees can care for themselves, take breaks from work to refresh, and much more.
  • Encourage employees to stay home when sick and until they are no longer contagious.
  • Throughout the day, clean and disinfect shared surfaces and objects that are touched frequently (e.g. doorknobs, desks, phones).
  • Create a work environment that promotes preventive actions to reduce the spread of illness. For example, provide tissues, no-touch trash cans, hand soap, and/or hand sanitizer.
  • Remind employees and loved ones to
    • engage in good self-care, including getting rest and the seasonal flu shot.
    • cough or sneeze into a tissue, sleeve, or arm – not their hands.
    • avoid touching eyes, nose, and mouth with unwashed hands.
    • wash hands often with soap and water for at least 20 seconds, or use an alcohol-based hand sanitizer.
    • avoid close contact with anyone with cold or flu-like symptoms.

Minimize the Impact on the Business

  • If an employee has reported in sick and asked to be able to work from home, if the employee’s health and job duties do permit working from home, you can allow employees to work from home and make use of affordable telecommuting and teleconferencing technology.
  • If the employee’s health and duties do not permit, then employees should not be expected to or required to work from home. Work with other employees to reassign the duties of ill co-workers to ensure smooth workflow during absences and to lessen the load upon return.

The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to flexible work environments, employee perks, and leaves of absence. Contact us at info@LE-hrlaw.com or 1-844-333-5253.

Employers: Include NYC Independent Contractors in Your Anti-Harassment Training

Under the recently expanded New York City Human Rights Law (NYCHRL), employers must include independent contractors in their sexual harassment training. This is a major shift in how independent contractors are generally treated. Employers should include an appropriate disclaimer before providing anti-harassment training to an independent contractor to clarify that the training does not change their independent contractor status.

This training requirement applies to all New York employers with 15 or more total workers. “Workers” includes employees who work outside of New York City and independent contractors. This means that if a Wisconsin based employer has 14 employees in Wisconsin and 1 employee or independent contractor in New York City, that employer must provide the required sexual harassment training to the worker in New York City, and comply with the other applicable New York State and New York City laws. Note that as of February 8, 2020, the New York State Human Right Law will apply to all employers with at least 1 employee in New York.

The attorneys and HR professionals at Lake Effect HR & Law are ready and willing to assist and advise if you have questions related to mandatory anti-harassment training or independent contractors in Wisconsin or other states. Contact us at info@LE-hrlaw.com or 1-844-333-5253.

Jenn Lindberg Joins Lake Effect HR & Law

blankWe are excited to announce the addition of Jennifer Lindberg, SPHR, SHRM-SCP to the Lake Effect HR & Law team!

Jenn has over 23 years of experience in a wide range of human resource activities, including recruiting, employee development and training, executive and leadership coaching, benefits administration, policy development and implementation, employee relations, workplace investigations, anti-harassment initiatives, and strategic planning.

Prior to joining Lake Effect, Jenn worked in-house as Human Resource Manager at Forward Service Corporation and ABR Employment Services and, before that, served as a strategic HR advisor at a statewide HR company. Throughout her career, Jenn has assisted employers in a variety of settings, including professional services, staffing, tech and biotech companies, as well as non-profit and religious organizations.

“I am ecstatic to join the amazing Lake Effect team,” Lindberg said. “I have been fortunate to work with both Jane and Tricia in the past, and I jumped at the opportunity to work with them and this incredibly talented group. I know that my background and experience will serve the current and future needs of Lake Effect’s clients.”

Jane Clark, CEO and Managing Partner, remarked on how thrilled she was to have Jenn join the growing business, “Jenn is a welcome addition to the Lake Effect team! Her extensive knowledge of human resources and benefits will augment our services. With her engaging personality, commitment to lifelong learning, and experience handling very difficult coaching and management issues, Jenn will dive right in to serve and advise our clients. Without a doubt, Jenn is a perfect fit with our culture, mission and core values – she has the same keen intellect, quick wit, and ready laugh as the rest of the Lake Effect team.”

Check out Jenn's full bio here.

The ADA: Understanding Your Obligations

As HR professionals, we take a lead role in making sure our workplace policies and practices are both compliant and ethical. We need to make sure our managers are operating under the same guidelines. One area where a high level of risk may be lurking is in responding to employee performance issues, concerns and requests for accommodations in situations where the word “disability” is not used. Even if an employee does not say the word “disability,” the employer may still be on notice that the Americans with Disabilities Act (“ADA”) and its related legal obligations are implicated.

Here’s a scenario:
John works for a small manufacturing company and has struggled in his role. John’s manager, Dan, documents all of John’s performance related issues. John is worried about losing his job and anxious about what is going to happen next. John has a disability but does not explicitly use that word when talking to Dan. John asks to change his shift “to help his nerves” and to help address his performance related issues. Because John did not use the word “disability,” Dan does not consider this a formal accommodation request, nor does he bring this up to HR. After one final performance issue, Dan terminates John. John then files a claim against the employer for failing to accommodate his disability.

HR should train managers to be on the lookout for language that may trigger an accommodation under the ADA. This should include educating managers about physical and mental impairments that can constitute disabilities under ADA and the interplay of ADA, FMLA and Worker’s Compensation. Rather than have managers assess such requests, they should be coached to raise potential disability-related issues with HR. HR can then meet with the affected employee to determine if the ADA interactive dialog process needs to commence, or if this is simply a performance or behavior issue.

The experienced HR professionals and attorneys at Lake Effect HR & Law are ready to assist and advise if you have questions regarding ADA related issues in your organization. We are here to help you navigate this complex area. Contact us at info@le-hrlaw.com or 1-844-333-5253.

Lake Effect HR & Law, LLC
(844) 333-5253 (LAKE)
info@le-hrlaw.com

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