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Inclement
Weather and Payment for Missed Work
Q. During the winter months, employees often have to be absent because of bad
weather. How should we deal with these absences? Can we allow employees to make up the
time if we don’t pay them?
A. Employers with operations in areas that experience severe weather, such as winter
storms, flooding, or hurricanes, should include provisions in their policies for
weather-related absences. Most employers discuss weather-related absences in their
attendance policies. Any policy dealing with attendance during periods of inclement
weather should give employees an incentive to get to work and should distinguish between
nonexempt and exempt employees.
Many employers do not pay nonexempt employees for weather-related absences, although
the absence is excused. Others allow nonexempt employees to use accrued paid vacation or
personal days so that they do not lose compensation. A few employers pay all nonexempt
employees for the day but recognize the efforts of those who worked by providing them with
an extra floating personal day.
Some employers allow nonexempt employees to make up time missed because of inclement
weather. However, if the employee makes up the time in a week in which he also works 40
hours, the employer will owe him overtime for the additional hours worked over 40. For
this reason, many employers do not allow employees to make up the time unless it is
scheduled within the same workweek as the time missed.
Exempt employees generally should be paid for absences that result from inclement
weather if they have worked during any part of the workweek in which the absence occurs.
Employers that make deductions from exempt employees’ compensation for absences
caused by inclement weather may jeopardize the employees’ exempt status and incur
liability for any overtime they may have worked. Deductions for absences of a day or more
because of inclement weather are not specifically allowed for exempt employees by the Fair
Labor Standards Act regulations and, therefore, may not be permissible. (For further
information on inclement weather policies, see Attendance and Punctuality, page 701:4,
note 5.)
This article is not intended as legal advice. Readers are encouraged to seek
appropriate legal or other professional advice.
For more articles please click here.
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