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DEALING WITH THE H1N1 VIRUS: EMPLOYMENT LAW ISSUES

DEALING WITH THE H1N1 VIRUS: EMPLOYMENT LAW ISSUES. Scott P. Horton, Esq. Associate Jaeckle Fleischmann & Mugel, LLP 12 Fountain Plaza Buffalo, NY 14202-2292 Tel: 716.843.3949 shorton@jaeckle.com. Preparing for a Pandemic. Prevent Spread of the Flu Maintain Business Operations

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DEALING WITH THE H1N1 VIRUS: EMPLOYMENT LAW ISSUES

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  1. DEALING WITH THE H1N1 VIRUS:EMPLOYMENT LAW ISSUES Scott P. Horton, Esq. Associate Jaeckle Fleischmann & Mugel, LLP 12 Fountain Plaza Buffalo, NY 14202-2292 Tel: 716.843.3949 shorton@jaeckle.com

  2. Preparing for a Pandemic • Prevent Spread of the Flu • Maintain Business Operations • Manage Employee Absences

  3. Prevent Spread of the Flu • OSHA Obligations • Health Department Directives • Employee Health • Non-Employee Health

  4. Maintain Business Operations • Staff Shortages • FLSA Considerations • Maintaining Exemptions • Tracking Time • Union Issues

  5. Manage Employee Absences • FMLA Compliance • ADA/HRL Issues • Military Leave

  6. FMLA Compliance • Company Policies • Notice Obligations • Medical Certifications • Fitness for Duty

  7. ADA/HRL Issues • “Disability” • ADA • NYS Human Rights Law • “Direct Threat”

  8. ADA/HRL Accommodations Direct Threat: “A significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.”

  9. ADA/HRL Issues • Disability-Related Inquiries • Medical Examinations • Reasonable Accommodations

  10. Military Leave • USERRA Rights • Benefit Continuation • Reinstatement • FMLA: “Qualifying Exigency”

  11. Additional Resources http://pandemicflu.gov/professional/ business/

  12. DEALING WITH THE H1N1 VIRUS:EMPLOYMENT LAW ISSUES Scott P. Horton, Esq. Associate Jaeckle Fleischmann & Mugel, LLP 12 Fountain Plaza Buffalo, NY 14202-2292 Tel: 716.843.3949 shorton@jaeckle.com

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