Can you be forced to go to work in bad weather?
Johnny C. Taylor Jr., a human-resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Human Resource Management, the world's largest HR professional society. The questions are submitted by readers, and Taylor's answers below have been edited for length and clarity.
With almanacs calling for a wet winter with a lot of snow in some parts of the country and periods of bitter cold elsewhere, I predict that Mother Nature will cause her share of complications for workplaces this season.
When bad weather strikes, companies must make decisions on office closures, pay, leave and safety. Here are answers to some questions about how workplaces handle inclement weather.
In inclement weather, are employers legally required to do anything to ensure a safe workplace?
Yes. The Occupational Safety and Health Administration (OSHA) requires employers to “furnish employees a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.” What does that mean? It means employers are responsible for keeping parking lots, sidewalks, walkways and entryways free from ice and snow. This includes places inside the building where employees track in snow. If an employee is injured because a company fails to meet this requirement, the employee may be entitled to workers’ compensation benefits.
Can employers require you to come to work in inclement weather?
Yes. But, depending upon the sever- ity of the weather, this might not be a good idea. Employers should consider safety risks, such as the potential for auto accidents or slips and falls, before deciding whether to open their offices and require employees to come to work.
Even if a company is open, employees might not be able to get to work because roads are too hazardous for driving, or schools are closed and children must be cared for. In these cases, employees should contact their managers to take time off, either unpaid or paid using paid time off or vacation time.
Because being physically in an office is no longer a must in many occupations, telework is a good workaround for many. Offer this to your supervisor as an alternative to taking time off. Working from home lessens the impact of bad weather on productivity, and employees are saved from using their paid time off.
Some employers require essential staff to report to work during bad weather. Should they provide transportation for them?
Although there is no requirement to do so, some employers do provide or coordinate transportation. Managers offer to pick up employees, or employees carpool, especially if one has a four-wheel drive vehicle.
Local governments know that some industries have essential employees who must get to work. Their actions in declaring weather emergencies and getting snowplows out on the roads early can help the few people who need to be at work get there safely.
And when getting there just isn’t possible, teamwork is the answer. At hospitals, for example, it is not uncommon in the name of patient safety for employees to pull a double shift if coworkers cannot make it to work.
Do employers have to pay you if you can’t make it into the office?
It depends. Hourly employees do not have to be paid for time not worked due to inclement weather. However, if hourly employees are sent home early because of the weather, state pay laws might require employers to compensate them for a minimum number of hours.
If exempt salaried employees choose not to work when the business is open and work is available, an employer could make a full day deduction from their pay. Instead, many employers will ask salaried employees to make up lost time after they return to work. This practice is not allowed for nonexempt hourly workers in the private sector because they must be paid overtime for all hours worked over 40 in a workweek.
What happens to my pay if the business closes a full day because of inclement weather?
Nonexempt hourly employees won’t want to read this, but under the Fair Labor Standards Act (FLSA), they do not have to be paid for time not worked. Salaried employees, on the other hand, must be paid their full salary if they perform any work during the workweek. An employer could require employees, both hourly and salaried, to use vacation for time off. But before an employer requires paid time off be used, it should check its state’s sick-leave laws to ensure it complies.
How do I find out if my business is closed?
Check your company’s policies and practices. Many companies have inclement-weather policies or emergency plans outlining how they communicate closures and providing information on pay, use of leave and benefits in these cases.
If you and your colleagues do not think winter-weather protocol is being well-communicated to you, encourage your HR department to send an all-staff email now – before the next big storm – to explain inclement weather policies and how office closures will be announced.
As part of their communication, companies should encourage employees to wear appropriate footwear to work and take walking paths that have been shoveled and thoroughly cleared.