August 9, 2022

Volume XII, Number 221

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August 08, 2022

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What Employers Need to Know About Monkeypox

Monkeypox (MPV) is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take.

Background

On July 23, 2022, the Director of the World Health Organization (WHO) declared MPV a public health emergency of international concern. In addition, a growing number of states, including California, Illinois, and New York, have declared a state of emergency due to the MPV outbreak. Most recently, on August 4, 2022, the federal government declared MPV a public health emergency.

Importantly, while MPV has been declared a public health emergency, it does not yet trigger the types of employer obligations seen with the COVID-19 pandemic. Instead, such a designation permits greater access to funding, increased vaccine production and distribution, data sharing, and the like.

MPV Facts

While MPV cases are on the rise, there are several key distinctions employers should note between MPV and COVID-19 — the most important of which is how the disease is transmitted.

Unlike COVID-19, according to the Centers for Disease Control and Prevention (CDC), MPV is not an airborne disease, rather it spreads primarily through close, personal, often skin-to-skin contact, such as:

  • Direct contact with monkeypox rash, scabs, or body fluids from a person with monkeypox.

  • Touching objects, fabrics (clothing, bedding, or towels), and surfaces that have been used by someone with monkeypox.

  • Contact with respiratory secretions — usually from prolonged face-to-face contact.

  • Intimate contact, including:

    • Sex and sexual contact

    • Hugging, massage, and kissing

    • Prolonged face-to-face contact

    • Touching fabrics and objects during sex that were used by a person with monkeypox and that have not been disinfected, such as bedding, towels, and sex toys

While MPV can be transmitted through respiratory secretions, through prolonged face-to-face contact, it is not considered an airborne disease like COVID-19. According to the CDC, in social gatherings, the amount of close, personal, skin-to-skin contact drives the risk of transmission. For many businesses, the risk of MPV spread or outbreaks at work is likely low.

The CDC has identified the following symptoms of MPV:

  • Fever

  • Headache

  • Muscle aches and backache

  • Swollen lymph nodes

  • Chills

  • Exhaustion

  • Respiratory symptoms (e.g., sore throat, nasal congestion, or cough)

  • A rash that will go through several stages, including scabbing, before healing.

According to the CDC, symptoms usually present within three weeks of exposure to the virus. It may take up to four days for a rash to present following onset of flu-like symptoms.

Workplace Considerations

Although MPV is less easily transmitted than COVID-19, there are several considerations employers may want to consider in terms of addressing positive MPV cases in the workplace.

1. Safety Prevention Plans:

While the CDC and state and local departments of health continue to study the rate and method of transmission of MPV, and as guidance continues to develop, employers may wish to take proactive measures to educate their employees and avoid misinformation in the workplace. These measures may include communicating to employees how MPV can be transmitted, encouraging employees to remain home when ill, and encouraging employees to take precautions to wash their hands and disinfect their work areas, and maintaining sanitizer and other disinfecting products to help ensure the safety of the workplace. Like COVID-19, plans may vary based on the workplace. For example, the CDC has issued specialized guidance for healthcare and congregate workplace settings: Infection Prevention and Control of Monkeypox in Healthcare Settings.

2. Isolation When an Employee is Diagnosed With MPV:

The CDC advises that individuals who have MPV should isolate and remain outside of the workplace for the duration of their illness, until all symptoms have resolved. This may last anywhere from two weeks to four weeks and may vary by individual.

The CDC has not issued guidance for employers outside of healthcare and congregate setting workplaces.

Employers with employees who test positive for MPV should encourage them to isolate and remain out from work, and to consult with their healthcare providers and local health departments. Local health departments around the country are tracking and issuing guidance on how to address cases of MPV. Employers should review applicable state and local paid leave laws to see if employees are entitled to paid leave due to MPV.

3. Close Contact Notification and Quarantine:

Other than for employers of healthcare and congregate care settings, the CDC has not issued any guidance regarding whether employers should notify employees who have had direct contact with someone positive for MPV while they were symptomatic, to encourage exposed employees to monitor themselves for symptoms. CDC’s guidance for exposure does not recommend quarantine at this time, provided that the exposed individuals remain asymptomatic. Instead, the guidance supports recommending exposed individuals monitor themselves for symptoms for up to 21 days and take their temperatures twice daily. Provided that exposed individuals remain asymptomatic, the CDC guidance states that exposed individuals may continue daily activities, including attending work or school.

It is anticipated that local health departments will become involved in contact tracing when they are alerted by healthcare providers of an MPV diagnosis in their jurisdiction. Employers should check applicable state and local guidance and requirements for employer contact tracing obligations, if any. In the event contact tracing obligations apply, employers should be careful not to disclose the identity of the employee who is ill with MPV.

4. EEO Considerations:

Because one way that MPV can be spread is by sexual contact, employers may want to consider taking steps to avoid the stigma potentially associated with MPV and remind their employees of applicable anti-discrimination and harassment policies. Any policies or memos addressing MPV may want to include language that MPV can be acquired by all people, regardless of gender identity or sexual orientation.

5. ADA Considerations Regarding Protecting Confidentiality, Medical Inquiries, and Exams:

Employers will want to keep in mind the confidentiality obligations under the Americans with Disabilities Act and applicable state and local law. Disability-related medical inquiries and medical examinations of current employees must be job-related and consistent with business necessity.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 217
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About this Author

Katharine Weber, JacksonLewis Law Firm, Labor and Employment Attorney
Principal

Ms. Weber has experience litigating wrongful discharge cases; managing discrimination cases; negotiating collective bargaining agreements; representing employers before the Equal Employment Opportunity Commission and other federal, Ohio and Kentucky agencies; advising management on employment relations; drafting employee handbooks; and negotiating severance agreements.

Ms. Weber regularly advises clients on wage and hour issues. Over the past five years she has served as lead counsel on various wage and hour class and...

513-898-0050
Melanie L. Paul Trial Attorney Jackson Lewis Atlanta, GA
Of Counsel

Melanie L. Paul is Of Counsel in the Atlanta, Georgia office of Jackson Lewis P.C.  Her practice focuses on occupational safety and health and wage and hour issues.  Ms. Paul’s clients benefit from her unique inside experience as a trial attorney for the U.S. Department of Labor (DOL) for more than a decade. 

During Ms. Paul’s time with the DOL, she regularly appeared at hearings and trials before federal administrative tribunals and federal district courts throughout the southeastern United States in matters of Occupational Safety and Health (OSHA) law, Mine...

404-586-1869
Patricia Anderson Pryor, Class Action, Litigator
Principal and Office Litigation Manager

Patricia Anderson Pryor is a Shareholder in the Cincinnati, Ohio office of Jackson Lewis P.C. Ms. Pryor is an experienced litigator in both state and federal courts, representing and defending employers in nearly every form of employment litigation, including class actions.

She represents and advises employers in federal and state administrative proceedings, in all forms of dispute resolution, including mediation and arbitration, and in managing all aspects of the employment relationship. She has represented...

513-322-5035
Jenifer Bologna Employment Lawyer Jackson Lewis
Of Counsel

Jenifer Bologna is Of Counsel in the White Plains, New York, office of Jackson Lewis P.C.

Ms. Bologna has extensive experience counseling employers on a variety of employment law issues. Ms. Bologna specializes in assisting employers in meeting the legal and practical challenges posed by federal and state laws protecting injured and ill employees, the most notable being the Americans with Disabilities Act and the Family and Medical Leave Act. In addition to counseling and training employers, Ms. Bologna represents management in workplace litigation in both...

914-872-6869
Tania J. Mistretta Attorney Employment Law Litigation Jackson Lewis New York City
Principal

Tania J. Mistretta is a principal in the New York City, New York, office of Jackson Lewis P.C. Her practice focuses on representing employers in all areas of employment law, including handling employment litigation matters and offering preventative counseling.

Tania’s employment litigation experience includes defending employers against claims of discrimination, retaliation and harassment under federal, state and local law. She regularly counsels employers on a broad range of employee issues, including disciplines and...

212-545-4070
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