The Holiday season this year carries with it not only high hopes for successful sales but the threat of widespread – and increasing – influenza outbreaks.  Retailers are uniquely threatened by the flu:  sales personnel are routinely exposed to hundreds of shoppers in close quarters, shaking hands, handling merchandize, and exchanging cash.  But careful planning can help minimize the impact on your sales force. 

The H1N1 flu first appeared in the United States in April 2009.  Many employers observed the developing situation in the Spring and set about devising workplace influenza plans for implementation this Fall.  Fall has arrived and so has the H1N1 flu.  For the week of October 25-31, 2009, the Centers for Disease Control and Prevention (“CDC”) reported that flu activity was widespread in 48 states.  “Flu-related hospitalizations and deaths continue to increase and are very high nation-wide compared to what is expected for this time of year.”  2009 H1N1 Flu: Situation Update, November 6, 2009. 

The challenges that H1N1 presents for all employers are magnified for retailers, whose employees are in daily contact with hundreds of customers and whose peak sales season coincides with the flu season.  Moreover, while retailers can encourage employees to stay home when they are sick, you have no such influence over customers.  Thus, while it is difficult to predict the extent and severity of the H1N1 season, workplace influenza plans should be in place and should focus on awareness, prevention and flexibility. 

Awareness

Employers should communicate their workplace influenza plan to employees in advance of issues so that employees are aware of the plan and how it may be implemented.  Human resource personnel should monitor information from local health authorities and implement workplace influenza plans accordingly.  A workplace influenza plan may be more or less aggressively pursued depending on the severity and extent of influenza in the local community, the amount of absenteeism experienced and the number of high-risk persons in the workforce (i.e., pregnant women, employees with chronic medical conditions).  Human resource personnel should be knowledgeable of normal, seasonal absenteeism rates and monitor those rates for material variances.  Human resource and business personnel should work together to determine at what absenteeism levels business functions may be impaired and be ready to respond immediately with appropriate plan implementation.   

Prevention

The H1N1 virus can live on hard surfaces for up to eight hours.  Employees should be reminded of the importance of frequent hand-washing, including when leaving the sales floor for breaks or lunches.  Soap and water and alcohol or other hand-sanitizing products should be readily available in the workplace.  Ample tissue supplies should also be available.  When coughing or sneezing, an employee should cover his mouth and nose with a tissue, immediately dispose of the tissue in a no-touch receptacle and then wash his hands.  Where possible, telephones, keyboards, desks, offices and other work tools should not be shared.  Employees should be advised to avoid touching their eyes, nose and mouth, and should be encouraged to regularly wipe down common areas, shared cash registers, or shared computer terminals with a sanitizer prior to use and at the end of each day.

Most importantly, employees experiencing flu symptoms (fever, cough, sore throat, runny or stuffy nose, body aches, headache, chills, fatigue, diarrhea, vomiting) should be encouraged to leave the workplace immediately and not to return to the workplace until they are fever-free without medication for at least 24-hours.  Employers should make seasonal and H1N1 vaccination information available to employees.

Flexibility

Employers, employees and workplace influenza plans must be flexible.  Local conditions will dictate when and what portions of a plan may be implemented and implementation may vary among different parts of an employer’s workforce.  Leave polices should be examined and made as flexible as possible during the H1N1 season—including for temporary sales personnel who might not otherwise be entitled to approved time off during the holiday season.  Employees should be encouraged to stay home if they are sick, and should not be motivated to come to work for fear of losing their jobs or lack of personal time off.  For example, employers should consider allowing employees additional paid time off or the ability to borrow against future accruals of paid time off during the flu season.  Employers who are considering more aggressive approaches, such as requiring employees to stay home when they have flu-like symptoms and requiring medical clearances before employees return to work, should consider the legal implications and the practical pros and cons of such approaches.  Employees should be appropriately cross-trained in anticipation of excessive absenteeism levels so that core business activities can be maintained even if absenteeism levels are high. 

Employers that approach the H1N1 season with a flexible plan should be in a position to moderate the effect of H1N1 in the workplace and keep business operations running as efficiently as possible.