Swine Flu Warning: School Closings

President Obama has insisted that schools close if there is any sign of swine flu in students. He also says parents can’t just take their out-of-school kids to a day care center. That could make matters worse. Ideally, parents should keep their children at home.

If one of your employees stays home with a child, he may be entitled to Family and Medical Leave if the child has the flu. If the child isn’t sick but just can’t go to school because it’s closed, how should the employee’s absence be treated?

There may be a state law that applies. There may be paid leave that would apply. The employee may have vacation days which can be used. There may be unpaid personal leave to which your employees are entitled. What if there’s no applicable leave? What if the employee will be terminated if he’s assigned another point by an absenteeism policy?

I’d be reluctant to fire an employee who stays home with a child whose school has closed because of swine flu. If you’re concerned about setting a bad precedent, I wouldn’t be too concerned. After all, a national health emergency has been declared. I’d be more concerned about bad publicity or a creative legal theory under which the employee might sue you.

This is a bad time for something like this. In light of the economy, employers are already short-handed. If several employees are off to take care of children home from school, the operation of a business could be interrupted or marginalized. I’d take a dose of common sense, however. Hopefully, this flu outbreak will be controlled, and school closings will be short-lived, and your employees can come back to work quickly. Don’t shoot yourself in the foot.

1. 

   LKS says:

   April 30, 2009 at 10:22 am

   There was just a school closing here in Memphis. A private school in a suburb. All the parents had to go pick up their children immediately. I don’t know about this…
2. 

   E. says:

   April 30, 2009 at 3:04 pm

   You are a wise man Mr. Phillips. Sound thinker, you. E.