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Category: Inclement Weather

Inclement Weather, Natural Disasters, and the Workplace

People walking over a snow covered street to show that the weather affects employees ability to travel
Photo by Emanuel Hahn on Unsplash

It is that time of the year again. Winter. When every employee acts like a few inches of snow (or if you’re in Texas—frost) is a chance for a day off of work. When dealing with inclement weather related issues there are a number of things to consider.

Employee Safety Comes First

The main focus for every company is safety. No one wants their reputation to be destroyed over social media because they required nonessential workers to report after a hurricane or other major disaster. However, some companies with nonessential personnel know what to do. Just look at Waffle House. FEMA even uses the Waffle House Index to measure how severe a storm is:

“If a Waffle House is closed because there’s a disaster, it’s bad,” [FEMA administrator Craig] Fugate told NPR in 2016. “We call it red. If they’re open but have a limited menu, that’s yellow. If the Waffle House is open, everything’s good.”

 “They [(Waffle House)] try to pre-position supplies in storage somewhere relatively safe. Priority one is, ‘Who are our people? How will this storm affect their lives?’ Then you prepare how to move them. You may reserve hotel rooms, so they can sleep near stores that are going to be open.”

You’ll notice that Waffle House takes care of their employees and does not put them in danger.

Compare that to what one Pizza Hut did last year right before Hurricane Irma: 

“To all Team members,” the memo begins, before laying out a policy that dictates that employees cannot evacuate more than 24 hours before the storm and must return within 72 hours. “Failure to show for these shifts, regardless of reason, will be considered a no call/no show and documentation will be issued,”it reads. “After the storm, we need all [teammates] available to get the store up and running and serve our communities as needed.”

Do you notice the difference? Waffle House ensures the safety of its employees by planning arrangements so that employees will not need to travel far if the store will remain open. They also shut down stores if need be. Waffle House even activates its own storm center before a storm hits. They know how to treat their employees before a storm or natural disaster.

What Should Companies Do in A Natural Disaster

Show that you care about your employees.

As a Houstonian, I remember the effects of Hurricane Harvey and what businesses did to respond to it. A lot of these businesses stepped up to help employees recover by opening their own businesses and homes to employees, organizing work teams that help rebuild homes that were devastated, and doing other helpful things to show employees and the community that they care. Mattress Mack, a famous mattress store owner in Houston, even opened up his stores and allowed people that were fleeing their homes to sleep in the beds on the showroom floor.

  1. Here are a few things that companies should do to be ready for a disaster. Have an inclement weather policy. That policy should describe what happens in a situation where the employee cannot make it to work because of a natural disaster. It should tell the employee how to report that they will be absent from work and how the employee will be contacted if the company will be closed.
  2. Plan ahead. Some natural disasters, like hurricanes and blizzards, will give you a few days to prepare. Act quickly once you learn of these storms. Assess the situation to determine whether you need to shut your business down. If you do not have an evacuation order, then you should consider asking exempt employees (salaried employees that are exempt from overtime. You can view this past post for more information) to take their computers home to complete any necessary work.
  3. If you are a company or public entity that employs essential personnel, then you should start informing these employees about the plan before the disaster strikes. Many police officers, firefighters, and medical personnel may have family that evacuates, but they may be required to stay. These companies and entities should help workers prepare their families to leave. A worker that is worried about her family won’t be as efficient as one that knows that they are safe.

Inclement Weather/Snow Days

In a minor storm, some employees may not be able to make it into work even though the company is open. If the employee is unable to work, then the best thing to do is to allow them to use some of their paid time off to cover that day. The same applies if the employee is an exempt employee that takes the day off. They can be required to use paid time off.

Some employees may also arrive late to work if the weather is bad. Even if you have policies on attendance (if you don’t then you really should), you do not have to always enforce them. You can choose to waive attendance requirements if there is a good reason to do so. You just need to be consistent. 

Let’s be honest. If half of your workforce is late because the snow added 20 minutes or an hour to their commute, then you probably want to waive your attendance requirement for that day. That is unless you want to have half of your workforce upset because they feel that you were not fair.

Conclusion

Take care of your employees. They are what makes any business profitable and they should be part of your “family.” No business can succeed without them. Make sure that your policy is fair and ensures that employees are safe. That is what they expect and deserve from any company that they work for.

The information provided in this blog is for educational purposes only and is not legal advice. If you need legal advice, then you should speak with a lawyer about your specific issues. Every legal issue is unique. A lawyer can help you with your situation. Reading the blog, contacting me through the site, emailing me or commenting on a post does not create an attorney-client relationship between any reader and me.

The information provided is my own and does not reflect the opinion of my firm or anyone else.

Brett Holubeck (of Houston, Texas) is the attorney responsible for this site.