On the Front Lines Against the Flu

If a flu pandemic hits Minnesota, it’s pretty clear it won’t be business as usual. But Council 5 is fighting to make sure it is business as usual – at least in one way.

Union reps are making sure employers don’t use a flu “emergency” as an excuse to abandon language that protects workers. At the same time, the union is urging employers to recognize that it can’t be business as usual if that costs workers pay – or their jobs – when they follow medical advice and stay home.

“It’s very important for members to know that we keep working through these issues, that they’re not going to be left behind,” says Local 600’s John Hillyard, president of Council 5’s State Employee Policy Committee.

Health vs. paycheck

The situation can get complicated in a hurry. Medical advice says ill workers should stay home for as long as 7 days. If they have to care for sick children or family members, it could be even longer.

But what about workers who use up sick leave? What’s more important: obeying medical advice – or keeping a paycheck coming in? What if their employer has a policy that disciplines them for being absent too many days?

Workers who are not sick face different challenges. How do they get the work done if, as some health officials predict, as many as 40 percent of workers fall ill and stay home?

In Minnesota’s emergency plan, some functions are classified as top priorities, says Cathy Hockert, the state’s director of continuity planning. These include jobs where life could be at stake, such as public safety, corrections, health care and veterans’ homes. They also cover key business functions, such as payroll and state payments.

Under these same classifications, other employees may see their duties shut down or shifted. Similarly, based on their jobs, some workers will find themselves at the head of the line in getting an H1N1 vaccination, or antiviral treatments if they get sick.

Seeking consistent policies

The state has drafted guidelines trying to make sure all agencies follow the same policies. The Health Department is also asking agencies to take daily attendance so it can pinpoint outbreaks or clusters of illness.

The main policy states: “Healthy employees who are not caring for an ill family member are expected to report to work each day. Ill or suspected ill employees are expected to stay home.” The policy also:

• Requires supervisors to send home workers who exhibit flu-like symptoms.
• Allows employees to return to work without a medical note during a pandemic.
• Allows employees to use sick leave to take care of themselves or others. If they don’t have sick time, they can use vacation or comp time. If that’s not an option, they can take time under the Family Medical and Leave Act, which is unpaid leave.

AFSCME has given constant feedback as the state drafted these policies, says Bob Hilliker, Council 5’s state field director. The union is comfortable with some, less comfortable with others; a lot will depend on how supervisors implement them, he says. “We’re making it clear: We will pursue grievances, or class-action grievances, over any violation of the contract.”

AFSCME is also urging employers to give workers the option of taking advance sick leave or vacation, so they don’t lose pay during a flu absence.

More information

• H1N1 and vaccine essentials
• Minimize your chances of getting the flu