Monday, March 9, 2020

Know If You Can Lose Your Job If You Are Quarantined During The Coronavirus Outbreak?

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Hey Everyone!,



Know If You Can Lose 

Your Job

If You Are Quarantined 

During The 

Coronavirus Outbreak?

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The Wuhan Coronavirus (2019-nCoV) outbreak continues to spread with an ever-increasing number of deaths and infected individuals. With the ease in which it spreads, authorities have imposed quarantines, such as on a cruise ship. But what happens if you have to miss work as a result of quarantine?
Quarantines: An Overview
The word “quarantine” comes from the Italian word for 40 days. The term can trace its roots back to Venice during the Black Death plague epidemic. During that time, authorities placed incoming ships in isolation for 40 days before its crew and passengers could join the general population.
Another term often used with quarantine is “isolation.” They are similar concepts, but different. Quarantine refers to the confinement of individuals who have been exposed (or may have been exposed) to a particular disease or illness. A person may be quarantined even though they do not have a communicable disease. Isolation refers to the separation of known sick individuals from those who are not sick. In other words, isolation applies when you are sick and quarantine applies you could be sick.

The Legal Basis For Quarantine And Isolation Powers
In the United States, the power to isolate and quarantine exists at both the federal and state level. Practically all states have laws in place that allow state and local health officials to enforce quarantine or impose isolation to prevent the spread of a communicable disease.
At the federal level, Section 361 of the Public Health Services Act, provides authority to the Centers for Disease Control and Prevention (CDC) to detain, examine and monitor individuals traveling into and within the United States who may have a communicable disease.
Officials from the CDC often work with state and local authorities to establish quarantine. Depending on the disease and the individuals involved, quarantines can last hours or weeks. For some, this may be a minor inconvenience. But for many others, this could affect not just their daily living, but their livelihood as well.

Federal Employment Protections When Under Isolation Or Quarantine
If you’re placed under quarantine or in isolation for an extended period, you may wonder if you’ll still have a job when you’re finally released. There are two primary federal laws that can address this situation: the Family and Medical Leave Act of 1993 (FMLA) and the Americans with Disabilities Act of 1990 (ADA).
The FMLA provides eligible employees with up to 12 weeks of unpaid, protected leave for qualified medical reasons. This includes taking care of your own “serious health condition.” The key question here is whether someone under isolation or quarantine has a serious health condition.
If you’re in isolation for the Coronavirus, you likely have a serious health condition. Therefore, you’re probably receiving inpatient care and ongoing medical treatment.
For someone in quarantine, things aren’t as clear. This is because quarantines apply to people who may not have any disease at all, but have restrictions placed on them for precautionary reasons.
At first glance, it appears that being in quarantine won’t qualify for FMLA leave. But after digging a little deeper, you can make the argument that being under quarantine counts as a serious health condition.
The FMLA regulations’ definition of a serious health condition includes a condition that requires inpatient care. Inpatient care is generally defined as spending at least an overnight stay in a medical facility, such as a hospital, hospice or residential medical facility.
If someone is under quarantine and they receive medical testing and monitoring that spans more than one day, it’s possible to argue that this qualifies as inpatient care. This may be true even if the monitoring, testing or observation is done on a cruise ship or in someone’s own home.
In most situations, if you are in isolation or quarantine and have FMLA leave available, you’ll likely be able to take it.
Concerning the ADA, it prohibits discrimination by covered employers against a qualified person with a disability. The ADA also requires certain employers to provide reasonable accommodations to disabled employees.
The question with the ADA is if being infected with the Coronavirus, or being suspected of being infected, qualifies as an ADA recognized disability.
To be considered an ADA disability, a person must have an impairment that substantially limits one or more major life activities or have a record of such an impairment. ADA protections can also apply to those who are regarded as having such an impairment. A major life activity includes things such as walking, sitting, reading, breathing and talking.
If you’re infected with the Coronavirus and are in isolation, you may qualify as having an ADA-recognized disability. The most single most important factor would be how serious your symptoms were. The more severe your symptoms, the more likely your Coronavirus infection counts as a disability under the ADA. If your Coronavirus infection qualifies as an ADA disability, your employer cannot fire you simply because you’re infected.
However, they can fire you if being in isolation prevents you from being able to do your job. For example, if your job requires you to physically be in the office, then being in isolation (and your severe symptoms) would prevent you from being able to accomplish your job duties.
But there’s the caveat of whether your employer can provide you with a reasonable accommodation. Assuming a reasonable accommodation can be made that doesn’t impose an undue hardship on your employer, then you probably can’t be fired because you are in isolation.
Depending on the circumstances, a leave of absence could qualify as a reasonable accommodation. And should you make a full recovery and wish to come back to your job, your employer can require you to provide a doctor’s note clearing you to return to work.
If you’re under quarantine, then you are not ill. Therefore, you do not have a disability. However, you are regarded as being disabled. As a result, you may have ADA protections with respect to employment discrimination. However, there is disagreement as to whether being “regarded as” having a disability legally requires an employer to provide reasonable accommodations (assuming it doesn’t result in undue hardship on the employer).
So it’s possible that even if your job duties would allow for it and it doesn’t create an undue burden, your employer may not have to provide you with leave or allow you to telecommute while you are under quarantine. But again, the law isn’t perfectly clear on this.
State And Local Employment Laws When Under Isolation Or Quarantine
Most states that have quarantine and isolation laws do not address whether an employer can fire an employee while under quarantine or in isolation. However, a few states do explicitly prohibit it.
For example, under Md. Ann. § Code 18-906(e), an employer may not fire an employee who is under isolation or quarantine as ordered by the Maryland government. A few other states have similar protections, such as Maine, New Jersey, New Mexico, South Carolina and Texas.
Another way for an employee to protect his or her job during a quarantine or isolation order is to have additional protected leave from work. While the FMLA provides up to 12 weeks of leave, some state or local laws provide more time, such as Washington, D.C.
Specifically, the District of Columbia Family and Medical Leave Act (DCFMLA) provides up to 16 weeks of medical leave for employees who need to deal with a serious health condition. Besides the extra four weeks of leave, another advantage of the DCFMLA over the FMLA is that it applies to more employees. The FMLA applies to employers with 50 or more employees while the DCFMLA applies to employers with only 20 or more employees.
Outbreaks And Telecommuting
One substantial difference between the Coronavirus and previous global outbreak threats is modern capacity for remote, online work. The utility of telecommuting positions has changed the question of whether one can perform the essential job functions of their position from home.
At the Spiggle Law Firm, for example, we commonly use programs like Slack, Zoom, PracticePanther, Dropbox, and of course email to successfully do work remotely which would have once been impossible. The more telework positions there are, the lower the risk of contracting diseases from coworkers.
In Closing
Hopefully, much of this above discussion is purely academic. But if the Coronavirus continues to spread, this might be something more and more employees and human resource departments will have to worry about.
One thing to keep in mind is that many people will have accrued personal, vacation or sick days they may be able to use in place of taking FMLA leave or asking for reasonable accommodations.
Then there’s also the fact that even if a business could fire you because you were in isolation or quarantine, it could create some negative publicity that your employer would be prudent to avoid.

Hope you enjoy reading this;)

What Do You Think?Do you agree or Disagree or Have any other ideas?Please Share your thoughts in the comments below as I learn just as much from you as you do from me!"



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Sameer 






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Sunday, March 8, 2020

Know How And Why Bananas Melt Belly Fat By These Surprising Ways

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Hey Everyone,


Know How And Why Bananas


Melt Belly Fat 

By These Surprising Ways


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How to use bananas to melt stomach fat?

Banana is one fruit that is available in all the seasons and is extremely nutritious because of presence of fibre, mineral and potassium in it. Its taste and ‘easy-to-eat’ quality makes it everyone’s favourite. It also helps in flushing out toxins from the body and enhances metabolism too. But did you know that as a result of these qualities, banana helps you with melting stomach fat also. Yes! Banana is one of those very few fruits which have a tendency to melt the stomach fat. Let’s see how and why?

Fruit

Banana is an excellent source of energy because it has glucose, fructose and sucrose in it. Consumption of banana decreases the feeling of hunger. So, when we take banana, we will not be hungry for a long time which will also help in lessening the stomach fat.


Banana Smoothie

Banana prevents retention of water in the body and because of this quality, it helps in melting the stomach fat. A banana drink is a great idea for that. Not only by adding few other ingredients it becomes tastier but also helps in melting the stomach fat easily and faster. You just have to mix things like an orange, ¼ table spoon ginger, 2 table spoons of flax seeds and whey powder, yoghurt, along with a spoonful of coconut oil in one banana. It will give good results if it’s taken on an empty stomach. It can also be taken after drinking a glass of lukewarm water early morning. But taking it just once won’t serve the purpose. You have to take it regularly to get the desired results.


As a Combination Food
Apart from taking banana in its original form and in the form of smoothie, mixing bananas with cranberries, raspberries or blueberries along with ginger, honey and little water will also provide the same result. Likewise, in place of berries, if you add spinach, it will also help in reducing stomach fat making you look much slimmer.


Hope You Enjoyed Reading This.





What Do You Think?Do you agree or Disagree or Have any other ideas?Please Share your thoughts in the comments below as I learn just as much from you as you do from me!"



Bye for Know,



Sameer 





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Friday, February 28, 2020

Know About The Benefits and Risks Of Diet Colas

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Hey Everyone,

        

           Know About The 


               Benefits And  Risks 


                       Of`


                  Diet  Colas

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Science has documented that fizzy drinks can pack on the pounds, hurt your heart and even increase your risk of some versions of cancer. But debate continues about diet colas.


The American Heart Association issued an advisory last year saying that short-term use of low-calorie artificially sweetened drinks to replace sugary ones "may be an effective strategy " to promote weight loss in adults.

One recent study even found that diet beverages might save lives. A survey of 1,018 patients with stage III colon cancer showed that those who consumed at least one 350-ml serving of a low-calorie drink daily were nearly 50 per cent less likely to see their cancer recur or to die during the 7.3 year follow-up period, compared with those who mostly abstained from diet drinks. The researchers also found that the more diet colas people drank, the better their chances of survival. On the other hand, a new study of more than 80,000 post menopausal women found that those who consumed two or more artificially sweetened beverages each day were 31 percent more likely to have a clot-rank based or ischaemic stroke, 29 percent more likely to have a heart disease and 16 percent likely to die from any cause than women who drank diet beverages less than once a week or not at all.      


            

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Sameer






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Thursday, February 27, 2020

Sports Talks Should They Be Banned In Offices ?

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Hey Everyone!,

Sports Talks 

Should They Be Banned 

In Offices ?


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The vast majority of companies place a large premium on creating an inclusive environment in which all employees feel welcomed and comfortable.
This is an admirable and lofty goal, as achieving it is not always easy. There is an array of big issues and everyday occurrences that need to be discussed.

On BBC Radio 4’s Today, guest Ann Francke, the CEO of United Kingdom-based Chartered Management Institute, which offers services relative to human resources issues (including talent management, employee engagement and managing change), asserted that discussing soccer, cricket and other sports in the workplace have led to women feeling left out at the office.
She claimed that the constant chatter about sports ultimately leads to locker-room banter. This, in turn, can create an uncomfortable climate, as the male employees start “slapping each other on the back and talking about their conquests [on] the weekend.”
Francke did not demand a boycott of sports talk, but thought it prudent to discourage and tamp down on these conversations and make an attempt to push for more inclusive talk. A lively debate erupted in which some people considered these remarks sexist, considering that many women enjoy participating in or spectating sports and discussing it at the office. 

Some people fear that this type of idea furthers the “cancel culture” trend. If you’re unfamiliar with the term, it refers to a form of boycott in which a person, celebrity, television show or movie is deemed offensive and a mob mentality pushes to shut it down. 

Concerns were raised that limiting speech at work becomes a slippery slope. It's no secret that, in these politically charged times, some people are self-censoring themselves over concerns that they may lose a job or become ostracized. Others openly espouse their views, which alienates and offends the people around them. 
Bev Shah, the founder and CEO of City Hive, a self-described network for change, says  “water-cooler moments” discussing a variety of interests helps enhance a company’s culture and fosters working relationships. She added, “There should be a cultural contract in the workplace where colleagues are mindful of the intensity, volume and duration of the conversations they are having—this goes for any topic.”

Sports journalist Jacqui Oatley said it would be a “terrible idea” to crack down on office sports talk. She told the Today program, “If you ban football [American soccer] chat or banter of any description, then all you’re going to do is alienate the people who actually want to communicate with each other.” Oatley added, “It would be so, so negative to tell people not to talk about sports because girls don’t like it or women don’t like it, that’s far more divisive.”
The questions arise as to what types of conversations should be policed—if any. If married people discuss their children, will that make single employees or those who don’t—or can’t—have kids feel isolated? If politics, religion or the economy is raised, will that set off red flags and create ill will? 
This becomes a very delicate subject with serious ramifications. If free speech is limited or clamped down upon, employees will feel insulted and angry that their opinions are silenced. In today’s politically charged environment, some people are afraid to offer their thoughts and opinions out of fear of retaliation or harsh judgement. If too much free speech is permitted, workers can feel targeted if they are in the minority. Either way, it may create a toxic culture and alienate a segment of the workforce.
It could be a Herculean task for management and human resources to set restrictive guidelines of what can be said and what’s not deemed permissible to talk about. By trying to be inclusive, it may have unintended consequences.  

Francke said, "They don't follow those sports and they don't like either being forced to talk about them or not being included." 
Hope you enjoy reading this;)




“What Do You Think? Do you agree or Disagree or Have any other ideas?  as I learn just as much from you as you do from me! 



Bye for Know,

Sameer 






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