As parts of the country close out hurricane season and snowstorm season is on the horizon for other areas, what should you do as an employer when inclement weather poses a danger to continuing regular operations?
To begin, what does inclement weather mean? Inclement weather is defined as a severe weather condition that makes it unsafe or impractical to commute or work outdoors. What would be considered inclement weather can vary from one region to another; for example, a light sprinkling of snow will probably not register as severe to someone in Wisconsin but the same weather in northern Florida could lead to road closures due to the area not being accustomed or prepared for these weather conditions.
The first step to avoid confusion should severe weather conditions strike your area is to implement an inclement weather policy before you find yourself in the middle of an emergency. The three main issues your policy should cover are safety, business operations, and compensation. Some of the questions your policy should address are:
One of the most important procedures to put in place is how you will notify employees of possible closures and updates. This is relatively simple if your employees have access to company email or a work cell phone as these channels can be used to communicate plans for closure or reduced operating hours.
For employees that are not connected in this manner, such as more blue-collar and manual labor positions, you may need to develop an alternative method to communicate this information, such as tasking managers with reaching out to their direct reports personally or setting up an emergency notification system that employees can call in to for updates.
When it comes to compensation, some states, cities, or counties may vary so be sure to check if there are any local regulations that will apply. In regard to federal law, employers are not required to pay nonexempt employees for time not worked; whether you choose to close the business due to weather conditions or the employee does not report to work due to safety concerns, your company can choose whether to pay for the missed time or not.
However, if you choose to close your business, exempt employees are entitled to their regular weekly salary if they perform any work during the workweek. For exempt employees that choose not to report for work even though business operations continue to run as usual, a full day absence may be deducted. If your company offers paid time off, you can also use this to cover time off for both exempt and nonexempt employee absences. Additional scenarios for employee compensation and workplace closures can be found here.
If you need help with implementing an inclement weather policy, reach out to your HR Consultant for assistance.