When you live in Minnesota you expect to deal with cold winters. But after a polar vortex and multiple days with arctic wind chills near 40 below, this year has been anything but normal. As schools close again – with a chance they will remain closed tomorrow – it’s a perfect time for employers to reevaluate inclement weather policies.
First things first – Businesses aren’t required to have any weather policies. Employers can simply expect workers to be at work – on time – whenever the business is open.
However, businesses also benefit from healthy, safe employees who feel valued. Many employers agree that asking non-essential employees to battle blizzard conditions to make it into the office doesn’t help anyone. Others understand that when schools cancel, employees with small children may be placed in an impossible situation.
When crafting an inclement weather policy, consider the following:
- How will the decision to close/allow non-essential employees to stay home be made: Does the closing of public schools in your area have any impact on your choice? Are there concerns about your employees being safe while doing their job?
- Who will make the final decision: Depending on the size of your business, this may be an easy or difficult decision. Clarify who will make the final decision, and who will make it if that person is unavailable for any reason.
- How you will announce closures: Let employees know where to look for announcements about closures, whether it is an announcement on your website, a mass e-mail, or on local TV and radio stations.
- How employees should notify you if they won’t be in: Even if you require employees to come in, some will undoubtedly end up in a ditch full of snow or without a babysitter. Have a clear procedure for who they should contact and how any immediate work should be handed off.
- Whether non-exempt employees can use paid time off (PTO): Employers are generally only required to pay non-exempt employees for the time they actually work. Specify whether these workers can use PTO when the business is closed or when they feel they cannot safely come in, so that they can plan accordingly.
- Whether employees are able to work from home: Today, many employees can work from home through the use of technology. Every business must decide if this is acceptable, or if being physically present at work is necessary. Many employers expect exempt employees to work from home, but may not allow non-exempt employees to do the same.
If you have questions about drafting inclement weather policies or about related wage and hour obligations contact a Minneapolis employment lawyer with LeBlanc Law & Mediation at 612-819-9652.
