This is why employees need lawyers and why employers get sued.  A fellow blogger, Evil HR Lady, reports that some hospital has told its medical staff they must stay away from work when they are ill with the H1N1 flu and such illnesses will count as Unexcused Absences.  Such time will count as an "occurrence."  As HR lady points out, unexcused absences will presumably be used for discipline.  I do not think you can ask for a more clear example of a violation of the Family Medical Leave Act or, possibly, the Americans with Disabilities Act.  You make them stay home and then penalize them for staying home.  Any discipline for a genuine illness very likely violates the FMLA or the ADA.  That is a shame. 

To her credit, HR Lady points out the need for HR personnel to demonstrate leadership on such issues.  If more HR ladies and gentlemen did so, there would be much less need for lawyers like myself.  A tip of the hat to Not So Evil HR Lady for taking the high road…..