Weather Conditions: Adverse Weather Conditions Policy

Sep 11, 2014

Practice Note:

Nonexempt employees are normally not required to be paid for time not worked. However, some states have call-in/reporting pay laws which require employers to pay nonexempt employees a minimum number of hours when they are called in and/or report to work and work less than their scheduled shift. When implementing such a policy, employers should review and ensure compliance with these laws. Exempt employees must be paid their full salary when the business closes or opens late due to inclement weather. See a) General Rule here. Nonexempt and exempt employees may be required or allowed to use paid leave during business closings however employers should review state PTO/vacation laws to determine if any conditions apply such as advance notice on required leave.

It is the policy of [Company Name] to remain open during most periods of inclement weather; however, where extraordinary circumstances warrant, the company reserves the right to close the facility. Thus, employees are encouraged to listen to radio broadcasts during periods of adverse weather to find out if the facility is open or closed on a given day. [Company Name] makes a decision by 8:30 a.m. during periods of such inclement weather and communicates this to local media. Regardless of whether the facility being open or closed, it is each employee’s decision as to whether you will show up for work during such weather. If an employee elects not to work on a given day, we request the courtesy of a phone call to your manager or supervisor advising as to your status for the day. Facility Closed If the facility is announced to be closed on a given day, all exempt level staff will receive their regular pay for the day of closure. For hourly employees on a day of closure, an employee will receive an amount equivalent to four hours of base pay for the day. Facility Open If the facility remains open on an adverse weather day, employees who report to work will receive their normal pay for the day, i.e., exempt staff will receive their regular salary and hourly employees will be paid at their base rate plus incentives for all hours worked. If an employee elects not to report to work on a facility open day, the employee can elect to 1) use any accrued paid time off for the missed day or 2) the employee will not be paid for the day.

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