March 27, 2025 • By Dennis Beaver
This is one of the worst flu seasons in many years.
A few days ago, infectious specialist “Dr. M” called from NYU Langone and asked that I discuss the risks to co-workers, when someone with a cold or the flu uses over-the-counter symptom-reducing medicine, goes to work instead of staying home, and spreads the virus.
“Most physicians are upset with television commercials promoting the use of these medications which encourage dangerous behavior that results in making a lot of people ill,” he said, adding, “the flu kills thousands of people every year and these drug companies should be ashamed of themselves.”
Does This Sound Familiar?
We’ve all felt a cold — or something worse — coming on, and thought, “I feel horrible, but there is so much work to do. I can’t stay home!”
So, we reach for that bottle or package of “multi-symptom cold and flu medicine,” gulp down a tablespoon, pretty soon feel a lot better and head off to work.
Yes, ideally we should stay home to protect others, we know that, but somewhere in the back of our mind are those television commercials showing people who get in the swing of things because of the cold medicine, going on a date or out skiing, having dinner with family and friends.
However, a few hours later when the stuff wears off, and we are again coughing, sneezing, and spraying virus everywhere, the boss takes us aside and says, “Go home and do not return until you are better. If you show up sick, you risk termination.”
If you come back the next day, still sick, can this legally be the basis of getting canned?
How should employers deal with these issues?
Cost to Employers
I ran this topic by Southern California labor and employment attorney, Jay Rosenlieb, asking, “When just one employee has a cold, what does this cost the employer?”
“Dennis, most people have no idea. The numbers are staggering. According to the CDC, Harvard Business Review, and Kaiser Permanente:
“The economic losses range from $1,685 to $2,945 per year per employee due to lost productivity from absenteeism, with the overall cost of sick employees in the U.S. reaching hundreds of billions annually due to both absenteeism and “presentism” (working while sick) and having to care for ill children or other family members.
This is broken down into:
Direct costs: Sick leave paid to the employee while they are out ill.
Indirect costs: Reduced productivity when an employee comes to work feeling unwell, spreading illness to co-workers.
Impact on team dynamics: A sick employee can disrupt workflow, requiring colleagues to perform their jobs.
“And that’s just when one person is sick. So, just imagine when that one person still comes to work and spreads virus, causing others to fall ill. The issue must be addressed in a policy that all employees are made aware of and is posted where everyone can read it,” Rosenlieb underscores.
Sample “When you are Sick” Language
Rosenlieb suggested using this language that should be posted in locations where all employees are certain to see it and put in as an envelope stuff with their paychecks.
(1) If you don’t feel well, stay home!
(2) If you are taking medication that suppresses cold symptoms, including fever, coughing, aches and pains, sneezing do not come to work because you are still sick and can make others ill as well.
(3) The fact that you may not be showing symptoms temporarily after taking these medications does not mean you can’t infect other people.
“Most employers,” Rosenlieb points out, “no doubt recall the nationwide guidance issued by OSHA during the COVID-19 pandemic which stated, ‘Regardless of whether it is the common cold, the flu or COVID-19, your temperature has to be normal without having taken Tylenol or aspirin. If you are taking these medications, do not come to work as you are still a risk for other people.”
“The Next time is the Last”
Rosenlieb advises employers to tell “Bob” that he is displaying cold symptoms, has the rest of the day off and to use sick pay, if he has any, and if not, a vacation day, and if not, he will not be paid.
He also must be warned that coming to work sick the next time may very well result in termination, as he is exposing others to the risk of becoming ill.
“It is important to emphasize that the employee would not be terminated because of their illness, rather, because they willfully were exposing others to infection.”
Pharmaceutical Manufacturers
I emailed several pharmaceutical companies that produce these cold and flu remedies asking: “What is your moral justification for the message: ‘Sure, you are sick, but just take our medicine, be selfish, enjoy yourself and don’t worry if you make others ill.'”
It has been weeks and no one has replied.
Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.