Help! I think my co-worker might have Swine Flu. What now?

What do you do if you if that guy in the next cubicle is sneezing and coughing and you just can't help but worry that he might have the swine flu?

I took this question and others to Mark Neuberger, a labor lawyer with Foley & Lardner in Miami.

Mark: "You should not take any risk. Report them to management. Every employer  should have a plan designed to handle these scenarios."

Me: "What if the person that's coughing and sneezing is your manager?

Mark: "Go up the chain."

Me: As an employer, how do you handle it?

Mark: "Communicate that coming in sick and an added level of diligence, while appreciated in the past, is not appreciated now."

Me: What if you don't have paid sick days and the person doesn't want to go home, maybe he even shrugs it off as allergies?

Mark: "Pull him privately into your office and suggest he go home. You can even say 'go home and I'll pay you anyway.' Or you can say, 'here's a laptop, try to do what you can from home for a few days.' "

Me: What if someone is so afraid they MIGHT get swine flu that they don't want to come to work?

Mark: "Try to have a rational discussion with them. Tell them no one in the office is sick, and their chances of getting it are remote. Say, 'I encourage you to come to work.'  Or, you might want to let them telecommute. Maybe it's time to start thinking again about letting more of your workforce telecommute. In Mexico, everyone is working from home. With technology it's fairly easy to do."

Me: What other advice do you have for employers?

Mark: If you have emergency plans start testing them out. Maybe those plans include letting workers telecommute. Let employees know the company policy.  Tell them not to take a risk. If they are covered by insurance, use it. Also make hand sanitizer available and encourage frequent hand washing. Look at your company's cleaning and sanitation practices. Maybe there are things that can be done better. Be sensitive to where your workers are traveling, know where the hot spots are and cancel trips to those cities. The biggest part of it is staying on top of the news.