Colds, Flu, and Facing an Iowa Winter

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Dentons

We are fast approaching winter, and the Iowa Department of Public Health will be regularly announcing flu rates and weather alerts will be blaring at us weekly. And like your car, you may need to winterize your employee policies.

Communicable Disease Policies

Regardless of the current OSHA rules, during the height of COVID, OSHA had a great employer requirement: if employees tested for an illness (COVID), they were required to provide the test result to their employer before returning to work. Employer policies may need to be updated to include this expectation in tandem with your leave policies, to include other highly communicable diseases including flu, COVID, and TB. Like any other employee medical request, this should be treated confidentially.

Such policies should also continue to require that employees should stay home if they have a fever, cough, active symptoms, or have a reasonable belief that they are communicable.

Flu Shots

Many employees may confuse the exemption rules for flu shots with Iowa laws about COVID. In Iowa, for COVID vaccines, less information is needed for an exemption. The exception is in a healthcare setting which is typically governed by federal law, including CMS.

For other industries, we look to Iowa Code 94.2. This law relates only to COVID and is much broader than average as to exemptions. Note that the CDC is predicting a tough flu season based on the Australian rates of infection. For the flu, the exemption process remains the same process you would have used pre-COVID.

Winter Weather and Remote Work

The snow, ice, and sleet warnings are on the way. Assess your winter attendance policies to account for safety risks and concerns. Every industry may have different needs and your policies should reflect your company and its actual practice.

If you have, like many employers, begun to move away from remote work, you will need to assess what if any, remote work will be appropriate if employees can’t get to the work site. You may also need to assess attendance policies and “points” as well as reiterate remote work security processes and policies.

Big Picture

Over the last several years, employers have experienced upheaval, policy changes, and are desperately seeking “normal.” Careful attention to your policies - and planning for the inevitable in Iowa, makes “normal” more attainable.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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