• A sample policy
• Implementation Guidelines
• Links to additional resources

The sample policy is provided as a guideline and should be tailored to your organization's specific needs. As with all policies, we strongly recommend that your employment attorney review your materials prior to implementation.

The implementation guidelines are provided to help assess situations. While policies attempt to address many possible situations, there are always exceptions and unusual circumstances, which need to be examined individually to ensure the organization takes the most appropriate course of action.

Even when this particular threat of SARS passes, implementing a policy to deal with such situations means the organization will be prepared in the event of a future outbreak.

This is general information, which should not be construed as legal advice. Please contact your attorney if you have specific concerns.

Sample Communicable Illness Policy

This policy provides the framework for all members of our organization to deal with and/or respond to communicable illnesses/diseases at work. Its purpose is to provide the best possible protection for victims and potential victims of disease and, at the same time, to maintain the highest possible level of productivity. In order to do this, we must balance the rights of all employees.

It is our expectation that employees will be sensitive to symptomology and utilize sound judgment in determining their level of illness, following guidelines provided by their doctors and Public Health information. The organization will follow Public Health information guidelines when available. Employees that learn they have an illness that has the potential to be passed on to co-workers or clients in the regular course of their work, need to disclose this to the [HR Manager or other designee]. The [HR Manager or other designee] will work with this employee to determine steps necessary to protect the disclosing employee and other employees (clients/customers, etc.).

This policy is not designed to address the common cold or flu, which are covered under the organization's sick leave policy and procedures, but rather those illnesses or diseases that have been identified as being more serious in nature.

(Organization name) recognizes that an employee's medical condition is confidential information and will treat it as such unless otherwise provided by law.

Employees who are ill and qualify under other applicable laws, policies, and programs, such as Family and Medical Leave Act (FMLA), the American's with Disabilities Act (ADA), Workers Compensation, Short/Long Term Disability (STD/LTD), etc. will also be guided by those corresponding policies.

Employees with a communicable disease or life threatening medical condition will be allowed to work as long as they can maintain acceptable performance and do not pose a health threat to themselves or others. The organization may periodically obtain medical counsel to evaluate the employee's health or the health risk to others. Employees who refuse to work with an employee with a life threatening medical condition or disease who does not pose a threat to others, may be subject to corrective action in accordance with policies, procedures and guidelines established for employee behavior and performance.

The organization reserves the right to ask employees who show signs and symptoms of a communicable illness to seek medical evaluation and provide a medical release prior to returning to work when appropriate. The organization will work with the employee to determine if any accommodations need to be made or precautions taken to protect staff members (clients/customers, etc.).

The organization will evaluate and determine accommodation, pay and benefits issues on a case-by-case basis depending upon the specific situation and applicable policies and laws, which may apply.

Guidelines and Factors to Consider When Implementing the Communicable Illness Policy

When implementing a policy about Communicable Illness and Disease, employers need to consider a number of very important factors.

1. The first factor is to balance the rights of the employee with the illness or disease, with the rights of other employees, customers, etc. Remember that employees who have serious illnesses have rights under a number of laws. These rights include:

• Non-discrimination on the basis of an illness or disease, which is protected by law (including life threatening illness/diseases such as HIV, HBV, TB, cancer, etc.).
• The condition may be considered a disability, and therefore, covered under the American's with Disabilities Act, and/or any state disability law, and may require compliance, including reasonable accommodation.
• Confidentiality about medical, disability or related information.