Weather

Readers of this blog will note two postings this year closing the office.  You may wonder – why is this being posted?  It is being posted as the most efficient method of notifying all employees of a weather related closure – which brings to mind the issue of employment policies for employers facing severe weather closing decisions.  Employers should consider the following in crafting their policies:

 

•        What standards will cause the business to be closed for the day?

·       Who will be the decision maker and how will that be told to the employees?

·       Will you allow early departures on days when bad weather looms?

·       Will employees be expected to take work home if they depart early?

·       Is working from home even a possibility for the employee?

·       Will you waive tardiness rules on severe weather days?

·       Are there essential employees that must report to work no matter the weather?

 

The Fair Labor Standards Act allows employers to exclude from pay time that employees are off for severe

weather. In other words, if an employee cannot attend work due to weather conditions, an employer does not have to pay the employee for that day unless:

•        an hourly employee telecommutes (or works from home) on the day of the absence; or

•        the employee is exempt.  I.e., Management employees receiving salary should generally be compensated on days the office is closed pursuant to the terms of their salary agreement. If, however, an exempt employee decides to take a day off due to severe weather when the employer is open, the employer can deduct that absence from the exempt employee’s pay.

 

Jeanelle R. Lust

 

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