With Influenza A H1N1 making headlines and fears of a pandemic lurking in the background, it’s paramount that companies have a business continuity plan in place. This was the focus of McCarthy Tétrault’s Web presentation “Is your workplace ready for a pandemic?”
Companies need to anticipate and plan for a pandemic, said Robb Macpherson, a partner with McCarthy Tétrault. If companies don’t already have a checklist, they need to create one to:
• establish a preparation and response team to communicate with employees and outside agencies;
• ensure coordination of the employer’s plan with local and provincial government plans;
• determine whether or not to operate;
• implement health and safety policies such as disclosure of travel to a pandemic hot spot;
• communicate with employees to avoid the spread of rumours; and
• understand contractual and legislative obligations as an employer.
Absence Minded
Employers also need to consider their legal considerations with regard to employee absence. For example, they should study their employment or collective agreement closely for express or implied terms on sick and/or personal days.
“It’s not the same as dealing with the ordinary routine of employees being absent due to sickness,” said Macpherson. “A lot more complex issues come up, and it’s not always straightforward how to respond to these issues.”
Questions that a plan sponsor should consider with regard to absence include:
• what is the employer’s right to require employees to report to work?
• what right does an employee have to be absent from work?
• can an employer require employees to work overtime in a crisis?
• what is the employer’s right to require employees not to work?
While there are any number of reasons why an employee may need to be absent, this will affect their benefits. The employer will have to assess whether there is a legislative, statutory or contractual obligation to pay benefits to the employee, Macpherson said.
He added that, with a wide variety of issues to think about and plan for, employers need to prepare their workplace to address these concerns in an orderly fashion.
For more information on the H1N1 virus and pandemic planning, visit the World Health Organization’s website, or the Public Health Agency of Canada’s website
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