Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Zika and the Workplace: What Employers Must Know

By Christopher S. Duke on August 15, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

With 413 Zika virus cases reported in 34 of Florida’s 67 counties as of August 15, it’s clear that it is spreading. Employers should take steps now to prepare for the impact.  

The virus can implicate several workplace laws, including the Americans with Disabilities Act, the Family Medical Leave Act and the Occupational Safety and Health Act. If an employee contracts the virus and becomes disabled as that term is defined in the ADA, then the employer must enter into an interactive dialog with the employee and determine whether the employee can perform the essential job functions with or without a reasonable accommodation. If a Zika-stricken employee suffers a serious health condition or needs time-off to care for a family member suffering from such a condition, that employee may be entitled to up to 12 weeks of unpaid leave as with any other qualifying event under the FMLA.

Other workplace laws may come into play as well. The Occupational Safety and Health Act requires that employers provide a place of employment “free from recognized hazards that are causing or likely to cause death or serious physical harm to employees.” What does this mean with regard to the Zika virus? It is difficult to say at this point, but the physical symptoms experienced by some who contract the virus, as well as the risk to pregnant women and unborn children, are indeed serious. Employers in affected areas must be proactive and vigilant in their approach to combating the virus. Steps should be taken to inform all employees of the potential risks, and special care should be implemented with respect to pregnant women and couples who plan to become pregnant.  Requests for leave and alternative work arrangements (i.e. allowing a pregnant employee to work from home to avoid coming into an affected area) should be considered as options if feasible for your workforce.

Above all, education and awareness are the key to minimizing the risk. The Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health are monitoring the Zika virus outbreak and have issued a seven–page Fact Sheet designed to educate the public about the virus and provide information on how to prevent its spread.

Monitor the CDC and Florida Department of Health websites closely for any new updates or guidance and make sure your employees understand that they are free to ask questions as they arise. Our attorneys here at the HR Defense Blog are monitoring the situation closely, and we will send out updates via this blog as they occur.

 

Photo of Christopher S. Duke Christopher S. Duke

Christopher Duke serves as managing partner of Akerman’s Palm Beach County Offices. With a diverse practice in employment law and complex commercial litigation, Chris represents clients in federal and state courts, as well as in various arbitration forums and before federal, state, and…

Christopher Duke serves as managing partner of Akerman’s Palm Beach County Offices. With a diverse practice in employment law and complex commercial litigation, Chris represents clients in federal and state courts, as well as in various arbitration forums and before federal, state, and local administrative bodies. His clients operate across multiple sectors, including hospitality, travel/recreation, healthcare, retail, financial services, and alternative energy.

Read more about Christopher S. DukeEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo