Laws around what happens if snow stops you working as Storm Fern set to sweep US
Much of the US is to be hit by a 'catastrophic' winter storm later this week, but what does that mean for your job?
Millions of Americans will have their weekends disrupted by Storm Fern, which is set to bring ice, snow, sleet and freezing rain 'from Texas and Oklahoma to the Carolinas and mid-Atlantic states', the Weather Channel says.
The storm, which begins on Friday (January 23), is being driven by an arctic air mass traveling south from Canada and clashing with warm Gulf air.
Widespread power outages, unsafe driving conditions and flight cancellations are expected, as one former National Oceanic and Atmospheric Administration (NOAA) worker admitted he doesn't know how people are going to cope with the 'potentially catastrophic event.'
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But, as the old adage goes, the show must go on, with millions of people still scheduled to work from Friday through Sunday.
Who gets paid leave during bad weather?
If you're a federal employee or a fixed salary worker, then you're in luck.
Federal workers are the only ones legally entitled to paid time off due to adverse conditions, known as 'weather and safety leave'. This is paid at the same rate as annual and sick leave, as per the Code of Federal Regulations.
It can be granted at the agency’s discretion, only if weather prevents safe travel or work at an approved location. In some cases, remote working may be approved instead. And if you've already booked vacation time, then you won't be eligible for the special pay.
Elsewhere, employees on a fixed salary must generally be paid their regular wages for a week in which any work was performed, even if weather causes a closure that prevents some work days, the Fair Labor Standards Act (FLSA) states, as per JD Supra. This doesn't apply if the closure lasts a full workweek, however.
So if you worked Monday through Thursday but couldn't safely commute Friday, you technically should still be paid. This is sometimes down to workplace policy, however.
What about the rest?
As for everyone else, well, it depends on where you live and your specific employer. That's because federal law doesn't actually require employers to pay their employees if bad weather prevents them from coming to work.
Under the FLSA, for example, non-exempt workers (who are paid by the hour and earn overtime if they work more than 40 hours in a week) are not required to be paid for the hours they don't work. If their workplace shuts due to bad weather after a couple hours of work, however, they may receive a minimum payment.
There are a few other laws worth noting, though.
Mainly, the Occupational Safety and Health Act (OSHA), which states employers must provide a workplace free from recognized hazards - including, that's right, extreme winter conditions. Sub-freezing temperatures, slippery ice and heavy snow all pose their own dangers to our health.
Under OSHA, employers must make reasonable efforts to provide a safe environment, which might include clearing snow or ice, de-icing walkways, or providing PPE. Workers should also be trained and equipped to reduce these winter hazards.
While OSHA guidance doesn’t provide employees with paid bad weather leave, if a specific hazard presents a serious risk, employees may have some protection - for example, truck drivers in the transportation industry. If weather conditions are so dangerous that continuing work would violate OSHA safety obligations, employees might have legal grounds to refuse.
What are the alternatives if I can't get to work?
If your company doesn't offer paid leave for extreme weather conditions, then there are some other options. Remote working may be arranged, should you be able to carry out your job from home, until conditions improve. If that's not possible, then some employers let workers take paid time off for weather-related absences.
Otherwise, if you can’t safely travel and cannot work remotely, you may be able to take unpaid leave.
All of this is subject to your workplace's own policies and procedures, however.
Ellie Kemp