Hoosier Banker 29 It is important that an employer be consistent and fair in handling situations. Having a uniformly enforced practice under which employees in similar circumstances are treated the same is important for employee morale and to avoid legal claims (e.g., discrimination claims). Managers need to apply consistent reasoning for sending sick employees home (or for telling employees not to come to work). Some employers have adopted infectious disease policies to give employees and managers guidance on how to handle these issues. Does the employee who is sent home have to be paid? It depends on whether the employee is exempt or nonexempt under the Fair Labor Standards Act. An employer can require nonexempt employees to use sick leave or other paid time off to cover the missed time. In Indiana, if a nonexempt employee has no sick or other paid time off available, the employer is not required to pay the nonexempt employee for time the employee did not actually work. [Note: Other states and some municipalities have mandatory sick leave laws that may apply.] If the employee is exempt, an employer is permitted to require the use of sick or other paid time off for the missed time. If the employer has a bona fide plan, policy or practice that provides compensation for time lost due to illness, but the exempt employee does not have time available under that plan, policy or practice, the employer can deduct for full day absences in accordance with the bona fide plan, policy or practice. An employer cannot deduct from an exempt employee’s salary for partial day absences due to sickness. What can an employer do to help prevent the flu? Implementing an infectious disease policy is a good way to help employees understand the importance of staying home when they are ill and to help managers determine when it is appropriate to send employees home. Employers can also encourage employees to get flu shots. [Note: Some employers, generally those in the healthcare industry, require flu shots and other vaccinations. Employers that do so must ensure their policies allow for reasonable accommodation for disabilities and sincerely held religious beliefs.] Employers can encourage employees to wash their hands frequently and to use appropriate respiratory etiquette (e.g., covering mouth when coughing). Making hand sanitizer available and conducting chicago indianapolis st. louis milwaukee A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs ANDREW PODGORNY | LARRY TOMLIN | STEPHEN STITLE | MARK WENZEL | BRANDT HARDY | PHIL FOWLER ELIZABETH TRAYLOR | MARTHA LEHMAN | DEBRA MASTRIAN | JOHN TANSELLE routine cleaning of the employer’s facilities can also help to prevent the flu from spreading. Employers may also require employees to follow infection-control practices as prescribed by OSHA. HB The information in this article is provided for general information purposes only and does not constitute legal advice or an opinion of any kind. You should consult with legal counsel for advice on your institution’s specific legal issues.
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