Zika virus has caused worldwide panic because of its ill effect on humans. US companies who have employees who do not want to be exposed to the virus have legal avenues to refuse such activity. But parents who gave birth to Zika-infected babies will be a different scenario.
Zika is a mosquito-borne virus that causes microcephaly to infant's whose mothers were infected while being pregnant. It causes a condition called microcephaly, wherein babies are born with abnormally small heads and will suffer developmental problems later on. The virus which started in Brazil has spread out to 33 countries mostly in the Americas.
Although no restrictions regarding travelling to affected areas, the US and World Health Organization warns travelers to protect themselves against mosquito bites and at the same time advised pregnant women to cancel travelling to areas that are affected. This advisory also protects employees of companies that are sending personnel's to Zika-affected areas.
Mark Lies, attorney at the Seyfarth Shaw firm said that employees should always follow the public health guidance for their own protection. This type of advisories also protects the welfare of the employees from termination if they refuse any activities related to such advisories. But Lies reiterated that the law only protects the safety of the employees and not the unborn child that they are carrying.
He pointed out that if a job cause's harm to any employee, then he would immediately be covered by the workers compensation insurance. It is a mandate of the state to every employer to protect their employee's welfare. The insurance will cover lost wages and medical care.
But the regulation regarding unborn babies is still unclear. Lies does not believe that the workers compensation would include injury to the unborn child but it could be an avenue for a lawsuit against employer's negligence. According to Michael Jones, an employment lawyer at Reed Smith, a lot of states limit their workers' insurance coverage to several years but in the case of a severely impaired child, the compensation could reach tens of millions of dollars. Certain airline companies allow their employees to seek reassignments to Zika-infected areas if they believe they are pregnant.
