There is so much “going around” (pardon the pun) about H1N1, it is hard to be sure which strategies are the best to employ, especially in a casino environment. We can hardly shock our patrons by requiring all our team members to wear masks and have a container of disinfectant wipes on the gaming table. However, at the same time, we can’t operate without our team members and, moreover, in today’s competitive environment, without all our team members performing at 110 percent all the time.
Following are a few key points that should help you navigate the murky waters of dealing with H1N1 in your establishment.
Evaluate and Communicate
The first thing to do is to evaluate what your approach will be in the workplace.
The senior team should decide the following:
• Will we require or encourage vaccines? If so, how?
• Will sick team members be sent home? If so, how will our sick policy apply? Will we modify our policy to support ill team members and their families? Will we allow team members to donate sick time to each other?
• Will we limit interactions between team members? Will we allow telecommuting where we can?
• How will we promote good hygiene?
• Should we actively step up cross training so that more team members are qualified to cover for each other?
Once you have answered these questions, you need to communicate clearly with all stakeholders, managers, team members and the local union representatives, upfront before implementing your plans.
Vaccinations
It is now clear that it is not recommended to make vaccinations for H1N1 mandatory. However, you can make it as easy as possible for people to become vaccinated. Some ways that you can do so are to:
• Pay for flu and H1N1 vaccinations.
• Arrange for on-site administration, where available and practical.
• Allow team members to use work time to get vaccinated (and to get family members vaccinated).
• Provide incentives, such as drawings for prizes, for team members who do get vaccinated.
Labor unions have generally been supportive of encouraging their members to be vaccinated as a part of a comprehensive infection prevention program. However, union leaders have been clear that even health care workers have the right to refuse to be vaccinated. It is advisable to review your plans with your local union representatives in advance.
Policy
As mentioned, now is the time to take a solid look at your policy with regards to illness and leave time and make sure it meets your current environment.
The Center for Disease Control and Prevention (CDC) is recommending that employers waive the requirement for a return-to-work doctor’s note for team members off work for flu-like symptoms. This is primarily due to the fact that many doctor’s offices are overwhelmed and cannot provide notes readily. If you decide that you will still require notes, make sure that you let your team members know up front so that they can advise their doctor on the first visit. An alternate solution to requiring notes may be to allow team members to provide written statements confirming that they were ill but could not obtain a doctor’s return-to-work release. The reality is that doctors may not have time to see a recovered patient simply to provide a note.
Employers may have concerns about the escalation of leave abuse at this time. This is understandable. One approach is to require team members to exhaust all paid sick leave for their absences and even to borrow from the upcoming year’s leave bank. Frankly, it is probably preferable to let a few individuals take advantage of “gaming” the system than to risk infecting the entire workplace.
Some team members come to work simply because they cannot afford to be without pay, or they are fearful of losing their job in today’s poor economic climate. You need to take these fears off the table. This means that senior management must model the desired behavior by being vaccinated and by taking time off if they have flu symptoms.
Human resources and the whole management team have a key role in this process. They must make sure that everyone is aware of the company policy and any temporary modifications to deal with H1N1.
With regards to management’s evaluation of flu symptoms, managers can ask, or even require, team members who are exhibiting flu symptoms to go home until they are well again. This is easier for all parties if team-member-friendly policies are in place.
FMLA and Other Legal Concerns
A note about the Family and Medical Leave Act (FMLA): This may apply if a team member or immediate qualifying relative, such as a child or a spouse, is infected and the infection is considered a serious health condition. For example, if a child is incapacitated for three or more days and under medical care, FMLA will likely apply. It may not apply, however, if the child’s school or daycare facility is closed due to an outbreak of H1N1 but the child is not ill. In dealing with FMLA, be cautious. There may be public policy exceptions in your state. Therefore, before deciding that FMLA, or other federal/state laws do not apply, you should consult with an attorney or an expert in the field.
In addition to FMLA, employers must be aware of other legal concerns when making decisions and taking actions to protect the workplace from H1N1. Pay particular attention to the Fair Labor Standards Act (FLSA), especially with regards to telecommuting and pay for exempt employees. You must also be mindful of any concerns with regards to the Americans with Disabilities Act as well as any federal, state or local regulations that may provide additional benefits for paid or unpaid leave.
The Occupational Safety and Health Administration (OSHA) may also be a concern for employers as it has a general duty clause, which requires employers to create a recognized hazard-free workplace for their employees. OSHA has, in fact, issued guidance on pandemic planning.
The flu season started early in 2009, and it is likely to stretch well into 2010. There are unanswered questions about the mutation of the H1N1 virus and the impact this could have in the future. As always, it is best to be prepared to protect your customers, team members and your business. If you have not already done so, make an H1N1 preparedness plan a goal for this year for your senior leadership team.
Anne Hanson has more than 25 years of professional experience in service industries, including 13 years of combined operations and human resources experience in hospitality and gaming. She is currently the President of her own consulting practice, CamCris LLC, and can be reached at Annehansoneah[at]aol.com.
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