| iv id="body"> | | | | 3. Economic Stimulus Plans and Unemployment |
| Top 5 List of issues which kept workplaces abuzz in | | | | COBRA Benefits |
| 2009. | | | | For many Americans, losing a job in one of the most |
| 1. Swine Flu and the Workplace | | | | economically challenging times of our generation is the |
| On June 11, 2009, the World Health Organization | | | | ultimate nightmare. However, a proverbial bright star of |
| declared the Swine Flu virus (H1N1) a pandemic. In | | | | these times is Congress's nod to extend |
| doing so, employers across the U.S. scurried to take | | | | unemployment benefits and to provide subsidies which |
| precautions for what to do when the virus struck their | | | | assure displaced workers not only can afford to |
| workplace. Fortunately, health commentators suggest | | | | continue their medical benefits through COBRA but |
| that we've all seen the worst of this virus. However, | | | | that employers can subsidize benefits through tax |
| no one can ever be certain. What is clear, however, is | | | | credits. |
| that labor and employment law specialists alike agreed | | | | 4. The ADAAA and EE/ER Interactive Exchanges |
| that this highly contagious flu strain should not usher in | | | | The Americans with Disabilities Act as Amended and |
| disability and medical condition discrimination claims. This | | | | enacted in January 2009 directed the EEOC to make |
| is, in part, because employers could encourage | | | | new, broader, and more inclusive regulations to the |
| employees to be mindful of their coworkers and not | | | | original act. Generally, the amendments assure that all |
| risk losing their jobs if they contracted the illness. | | | | perceived and actual medical conditions which disable |
| Relying on well-established, written Sick Leave, Paid | | | | employees from working are protected such that an |
| Time Off, and Family Medical Leave policies ruled the | | | | employee's disclosure of symptoms should not serve |
| day for how to handle a national pandemic in the | | | | as a precursor to adverse employment actions. This |
| workplace. | | | | means that an employee who is unable to work has |
| 2. Mandatory Sick Leave | | | | the right to anticipate involvement in an interactive |
| As "legal eagles" watch lobbyists around the country | | | | exchange that allows the employee to clarify his or |
| for setting the tone for workplace change, it has | | | | her wish to return to work, arrive at a reasonable |
| become more apparent that mandatory sick leave is | | | | accommodation for returning to work, and be notified |
| an item on the agenda of many legislatures. The trend | | | | of his or her rights to return to work. However, legal |
| has been primarily motivated by San Francisco's Paid | | | | commentators speculate that the impact of these |
| Sick Leave Ordinance which was enacted in 2007. | | | | amendments on modern workplaces remain to be |
| Generally, lawmakers are aiming to assure "mid-size" | | | | seen and will not be fully known until more disability |
| employers (of 15 or more employees) provide paid | | | | discrimination cases are litigated under the |
| leave and ensure return to work rights for employees. | | | | amendments. One thing that is clear is that the |
| While a proposed Healthy Families Act failed in June, | | | | amendments have sparked more disability |
| 2009 before the U.S. Congress, the move to ensure | | | | discrimination claims. |
| employer-sponsored sick leave may reveal itself in | | | | 5. |
| Health Reform legislation. Stay tuned. | | | | |