When employees are working in war zones, what is an employer’s responsibility to attend to that worker’s safety, medical, and psychological needs, and, if necessary, evacuation?
Businesses that have people in war-torn areas could be defense contractors, humanitarian outfits, airlines, construction companies, banks, linguists, or oil companies, to name a few.
Employees may be staff who live in the region and already have roots there, or international staff assigned to work there temporarily. Often some are alone and far from their normal support networks. Meanwhile, managers frequently face the twin tasks of supporting their staff while suffering the physical and psychological impacts of the war themselves.
Evacuation?
There are often instances where employers demand that workers leave a war zone, even if the worker is willing to stay, said Donald Dowling, an attorney with Littler.
“This happens all the time,” he said. “An employer requires overseas business travelers and expatriates to evacuate a place that has become dangerous, without giving the overseas staffers any option as to evacuate.”
Dowling can think of no law requiring a business to return workers from war zones.
“Laws do not tend to address this issue specifically,” he said.
However, he said: “There is a lot to say about how an employer might minimize its liability exposure to a duty of care, negligence, or personal injury claim after an international business traveler or expat suffers an actual injury overseas.”
According to the International Organization for Standardization (IOS): “Duty of care is the responsibility of an organization to protect its employees from foreseeable harm, including risks related to travel, work environment, and location of assignment.”
Under the Occupational Safety and Health Act’s general duty clause, an employer that knows conditions pose an imminent risk of death or serious physical harm may be obligated to remove its employees.
“In general, an employer has the right to establish the terms of employment, which includes where an employee will work,” said Giovanni Antonucci Di Cesare, an attorney with Pierson Ferdinand in Philadelphia. “An employer may have not only the right, but also an affirmative duty to withdraw an employee from a conflict zone.”
Among the reasons employers might demand workers leave a conflict zone, he said, include:
- Concerns about an employee’s safety.
- Concerns over liability with respect to the employee’s presence in the location.
- The threat of appropriation of corporate assets or the desire to preserve corporate assets.
- The potential for security breaches due to continued operations in that area.
- Potential implications for an employer’s corporate goodwill and the potential for reputation harm.
Private evacuation companies can ensure the safety of workers who need to flee war-torn areas. These companies offer a range of services, including evacuation planning, transport and medical care.
Accommodations When Workers Remain
The accommodations an employer should make for a worker who remains in a war zone depend on the employee’s job, Dowling said. “The answer for an international security guard supporting U.S. military forces will be very different than for an overseas-posted accountant.”
According to the IOS, “In global mobility and expatriate management, duty of care includes: physical safety, medical protection, psychological well-being, security risk management, emergency response planning, [and] compliance with local and home-country laws.”
“From a duty-of-care standpoint, HR leaders must proactively plan for overseas crises that could threaten employee safety,” said David Epstein, director of human resources and talent strategy with Mobilization for Justice Inc., which provides free legal assistance for low-income people in New York City. For a decade, Epstein worked for Doctors Without Borders as director of domestic human resources for the U.S. office based in New York City.
In war zones and even regions that tend toward conflicts, he said there need to be plans well in advance of hiring in the region or sending a worker there.
“That includes partnering with trusted providers capable of delivering rapid, reliable support for physical safety, security, emergency response, and medical and psychological support,” he said.
He suggested organizations enroll in the U.S. State Department’s Smart Traveler Enrollment Program to receive real‑time alerts and facilitate consular support during crises.
Physical Safety and Medical Attention
Security provisions could include:
- Hiring a security detail to escort the employee and children to and from work and school, as well as at their homes.
- Personal protective gear, such as bulletproof vests, helmets, and eyewear, as well as disaster-preparedness supplies.
- Ensuring workers have up-to-date emergency contacts and reliable communication such as satellite phones.
- Relocating the worker to a part of the region farther from the conflict.
- Offering flexible or at-home work schedules.
The effects of war are not limited to physical safety; working in a conflict area may also affect employees psychologically and emotionally.
“HR leaders should ensure access to counseling, clear communication, and compassionate leadership,” Epstein said. “Supporting families alongside employees reduces stress, builds trust, and helps individuals remain resilient, engaged, and focused during challenging situations.”
During Epstein’s time with Doctors Without Borders, many staff members were concerned for colleagues working in high‑risk regions. Crisis teams managed communication for both those in conflict zones as well as relatives and staff back home worried about them.
Examples of psychological support, Epstein said, include employee assistance programs, confidential counseling, mental health hotlines, peer‑support groups, family counseling resources, and flexible work policies.
Extra Compensation?
In certain instances, hazard pay — extra compensation an employer must pay due to one’s exposure to certain risks — may be available if the employment agreement, offer letter, or applicable law requires it, Antonucci Di Cesare said.
However, “there is no general federal statutory requirement that private-sector employers pay hazard pay,” he said. “The Fair Labor Standards Act does not mandate hazard pay.”
Dana Wilkie is a freelance journalist living in Ormond Beach, Fla.
Was this resource helpful?
Validate your HR expertise
Earning your SHRM-CP credential makes you a recognized expert and leader in the HR field.
Related Content
Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.
The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.
As artificial intelligence technology continues to develop, the demand for workers with the ability to work alongside and manage AI systems will increase. This means that workers who are not able to adapt and learn these new skills will be left behind in the job market.