PEOPLE: HR Corner Flu Season Is on the Way By Staff Wednesday, November 12, 2014 12:00 PM NEW YORK—In the last decade, fears of pandemics, including "avian flu," SARS, and H1N1 influenza, have swept across the globe. In 2012, employers worried about the flu season since it started early, spread quickly, and caused unexpected numbers of deaths. Last year, concerns arose about the "H7N9 bird flu" in China. A few years ago, President Obama advised the nation to "stay home from work if you are sick." However, if employees fail to take that advice and show up for work, feverish and coughing, you may wonder: "Can we lawfully send visibly sick people home?" Yes, you can. Basically, there is no law that gives employees the right to work when they are sick, nor is there any law that prevents a company from sending home employees who are not fit to work. Employers are required to provide a safe and healthy workplace, which means you are required to prevent contagious individuals from infecting co-workers. People do not have a right to work if their health, or the health of others, is at risk. Although you cannot discriminate against people who have a "disability," temporary conditions like the flu or a cold ordinarily do not qualify. Importantly, employees may be eligible for medical leave (e.g., FMLA) when they are suffering from a particularly bad illness. If so, employers have the right to place employees on leave and designate the time off as FMLA leave. Hedley Lawson, Contributing Editor Managing Partner Aligned Growth Partners, LLC 707-217-0979 hlawson@alignedgrowth.com www.alignedgrowth.com