H1N1 in the Workplace

" In children. Well imagine -- pregnant woman goes to work and a colleague announces he's been out sick with what his doctor says could be H1N1. Given how dangerous the virus is for pregnant women it's reasonable to think that the woman may go to -- manager and possibly ask -- the day -- Well that's scenario isn't made up actually happen to a friend of one of our producers and that got us wondering. Should the second -- be sent home to the -- woman be allowed to go home and still get paid. Well -- connect as a legal analyst he joins us now from new York at some of these tricky question sir thanks for your time today. Thanks each and -- to appear that kind of woman you -- and find out maybe when -- has H1N1. What do you --"

" But look you know it is the overwhelming jurisdictions. In the United States have what's known as at will employment what that means is that an employer can fire an employee for any reason. Or no reason at all you know -- Few exceptions all our employees who work pursuant to an employment contract -- professional -- athletes television news anchors. It -- the other exception would be. If you fall into one of those define protected classes under the Civil Rights Act of 1964 which generally race. Gender marital status national origin. Other than that any employer. Really has no obligation to keep an employee on board who either. You can't perform their job function themselves or is putting other employees -- in the workplace at risk."

" Okay I know that employers have a lot of things you have to be careful about we're talking about privacy and help a lot of those kinds of things if somebody comes to an employer and says -- had -- one and one. Does that employer -- you -- have a right to tell other coworkers. I didn't have to keep that information secret."

" You have to keep it secret with respect to that individual employee in other words you you you know the boss the supervisor or what have you can't run around the workplace and say hey you know guess what. Sally Jones has been diagnosed with -- each one and one. What they can do what they really must do is informant the other employee -- other employees. That they may have been exposed to this illness again -- out -- it revealing the identity. Of the individual employee and then at that point. If it's a situation where the employees suspects they may have -- and not sure if that employer has every right to require. That the employee. Go get tested. It revealed the results to their supervisor to their boss before returning to work and if it's a situation where. That that person needs to be absent from work for prolonged period of time because they've tested positive for H1N1 or any other communicable illness. The employer does have the right not to retain their services again absent. You know them working -- some sort of employment."

" Tom connect such a delicate situation and certainly more more of these questions. Are bound to all right thank you so much for your help today. Sure -- veteran and -- H1N1 virus acknowledged go to our website foxnews.com. Go to the Fox News home page and click on H1N1 vaccine map that's in the top of the page from there. You can find this amazing inner acted -- with all the information on how many doses have been delivered across the country. From there just check out your particular state and click on the red dot closest to you. You're gonna see it pop up with the latest information you need to know. And of course you can still find all the latest H1N1 stories and track the latest confirm reports of the virus on our website foxnews.com. Much of an."