Synopsis of article:
The recent swine flu outbreak raised legal questions regarding the risk and responsibility faced by employers, employees, schools, and the government in the case of a serious flu pandemic.
The World Health Organization has estimated that a flu pandmeic could force 50% of the work force to be out sick. Federal and state FMLA define “serious health condition” in a manner that would likely include swine flu.
Beyond FMLA, employees who miss extended time might be protected by public policy exceptions within the employment-at-will doctrine. The role of schools and government is also examined.
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