Human Resource Blog

Inclement weather

We are in New York state. When there is very bad snow projected to be 8- 20 inches, how should we advise our employees on whether or not they should come to work. We are a day care provider- everyone is needed - we need to be in legal ratio (child to worker) compliance. How shall we handle this?

It sounds like you plan to stay open and want every employee to work. That is your right as an employer. Employees are expected to have transportation to work, even during inclement weather. Especially in a northeastern state like New York, it is entirely reasonable to expect employees to work when it snows. (In Florida, where snow is a much more unusual event, the situation might be different.)

You can advise your employees ahead of time that they are expected to be at work, on time, regardless of the weather. You can discipline or terminate any employee who does not meet your attendance standards.

There may be occasions when you will want to close the business due to inclement weather. You should notify employees by phone or text message, as far in advance as possible. You are not required to pay hourly employees for time missed due to closure.

Attendance may be low on snowy days. You can send hourly employees home early if they are not needed, and just pay them for the hours worked.

An employer is not liable when an employee gets in an auto accident on the way to work. This is true, regardless of what the weather conditions are.

As a New York employer, you should have posted notice of your policies regarding vacations, sick leave, paid holidays, etc. You need to honor those policies if applicable.