A large portion of the United States is bracing for an intense winter storm later this week, but what implications does this have for your job?
Storm Fern is expected to disrupt the weekends of millions of Americans, bringing with it ice, snow, sleet, and freezing rain across areas from Texas and Oklahoma to the Carolinas and mid-Atlantic states, according to the Weather Channel.
Beginning on Friday, January 23, the storm is being fueled by an arctic air mass moving south from Canada and meeting warmer air from the Gulf.
This weather system is likely to cause widespread power outages, hazardous driving conditions, and flight cancellations. In the words of a former National Oceanic and Atmospheric Administration (NOAA) employee, “I don’t know how people are going to cope with the ‘potentially catastrophic event.'”
Despite the impending storm, millions of people are still scheduled to work from Friday through Sunday, as the demand for work continues.
If you are a federal employee or on a fixed salary, you might be in a favorable position.
Federal workers are uniquely entitled to paid time off under adverse conditions, termed ‘weather and safety leave.’ This leave is compensated at the same rate as annual and sick leave, as outlined in the Code of Federal Regulations.
This leave can be approved at the discretion of the agency, but only if the weather makes safe travel or work impossible at an approved location. Remote working might be an alternative option if conditions allow. If you have already booked vacation time, this special pay will not apply.
For employees on a fixed salary, the Fair Labor Standards Act (FLSA) mandates that they must usually be paid their regular wages for any week in which they performed work, even if weather closures prevent work on some days, as per JD Supra. This rule does not apply if the closure spans an entire workweek.
Therefore, if you worked from Monday through Thursday but couldn’t safely travel on Friday, you should still receive your pay. However, this can depend on your workplace’s policy.
For others, the situation varies based on location and employer-specific policies. Federal law does not require employers to pay employees if inclement weather prevents them from reaching work.
Under the FLSA, non-exempt workers, who are paid hourly and can earn overtime for working over 40 hours a week, are not required to be paid for hours not worked due to weather. However, if the workplace closes after a few hours due to bad weather, they might receive a minimum payment.
There are additional legal considerations to be aware of.
The Occupational Safety and Health Act (OSHA) mandates that employers provide a workplace free from recognized hazards, which includes extreme winter conditions. Hazards like freezing temperatures, icy conditions, and heavy snow pose risks to health.
Under OSHA, employers are expected to take reasonable measures to ensure safety, which could involve removing snow or ice, de-icing pathways, or providing personal protective equipment (PPE). Workers should also be trained and equipped to manage these winter hazards.
While OSHA guidelines don’t offer paid leave for bad weather, employees might have some protection if a specific hazard poses a severe risk. For instance, truck drivers may refuse work if severe weather makes it unsafe, in line with OSHA safety requirements.
If your employer does not offer paid leave for severe weather, there are a few alternatives. If your job can be done remotely, this might be arranged until conditions improve. Employers might also allow workers to use paid time off for weather-related absences.
If traveling is unsafe and remote work isn’t possible, unpaid leave might be an option.
Ultimately, this all depends on your employer’s policies and procedures.