As the New York Times notes, some employees find themselves between a rock and a hard place when it comes to dealing with the Swine Flu. The CDC encourages employers “to develop nonpunitive leave policies” to address this crisis, but the fact is that 40% of all private-sector workers don’t receive paid sick days. This results in a double whammy, because sick employees may go to work anyway and send their flu-infected children to school.

Financially squeezed employees think they have no choice. They must keep their jobs. They’ve seen countless coworkers laid off and don’t want to end up unemployed. So, they go to work, sick or not. They may even go to work if their employers provide sick days. Why? Their employers are already short-handed. They fear their absence will be noted, and the next layoff will include them.

Worker and employee rights groups are advocating legislation to address this problem. Business groups, like the U.S. Chamber of Commerce, oppose such legislation, calling it expensive and unnecessary. More expensive than sick workers coming to work and sick school children going to school and making other people sick?

Financial times are tough right now for employers and employees. Layer on H1N1, and times get tougher. In such a situation, do we need a law — or reasonable minds? Employers who eschew reasonableness in these situations create fertile ground for union organizing. Get some legal advice, be reasonable, and think long-term.

For two of my other posts on the Swine Flu, click here and here.