This Flu Season Will Get Worse Before it Gets Better: 5 Steps for Employers
- JDSUPRA.com
- Jan 15
- 2 min read

January 15, 2026
As the new year gets underway, one workplace risk is already clear: the current flu season is shaping up to be one of the more intense in recent years. Public health data shows high and rising flu activity across much of the country, which increases pressure on employers to manage absenteeism, protect employee health, keep operations running, and consider the question of vaccinations (among other things). This Insight outlines what’s different about this flu season and why it should matter to employers, and gives you five practical steps to take now.
What’s Different About This Year
Several indicators suggest this is not a “routine” flu year.
Staggering numbers
The sheer number of estimated illnesses, hospitalizations, and deaths from flu (as compiled by the CDC) is daunting for any year, but especially so early in the season.

Increasing rate of illness
The number of positive flu tests has spiked in the past few weeks. Holiday travel and gatherings appear to have accelerated community transmission just as many employees returned to in‑person work.

Widespread and sustained activity
Flu levels are classified as high or very high in 44 states, with no clear peak yet in sight.

Rising severity
Flu hospitalization rates are at the highest seen at this point in the season for at least the past decade.

Why Should Employers Care?
There are few practical reasons employers should care about this development (beyond, of course, just showing compassion for your sick employees and their families).
Absenteeism and Presenteeism Will Rise
Past CDC analyses show that workplace absenteeism reliably spikes alongside flu activity. Just as importantly, employees who work while sick (“presenteeism”) often experience reduced productivity for one to two weeks and increase the likelihood of workplace transmission.
Operations and Staffing May Be Strained
Flu-related absences often cluster rather than occur evenly. That can create sudden staffing gaps, especially in roles that require on-site presence, are customer-facing, or involve safety-sensitive duties.
Employers Still Have Legal Obligations
And of course, employers have a legal responsibility when it comes to sick employees and their family members. You’ll need to comply with federal and state sick and family leave laws, state and local paid sick leave laws, state and local paid sick leave laws, and discrimination laws related to the application of health-related policies. In some extreme instances, the flu could trigger OSHA’s General Duty Clause requirement to provide a workplace free from recognized hazards.
Industries Facing Elevated Risk
While all employers should be paying attention, flu season hits some sectors harder than others:
Healthcare and long-term care: Patient safety and regulatory compliance can easily be comprised due to absenteeism or sickness.
Manufacturing and warehousing: Close quarters, shift work, and limited remote-work options.
Education and childcare: High exposure to children, who are considered to be “efficient flu spreaders.”
Retail, hospitality, and travel: Heavy public interaction and often close quarters between staff.
5-Step Employer Action Plan
This flu season’s elevated activity and higher hospitalization rates make proactive planning more important than ever. Here are five steps to guide you through this year’s season.



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