How to Write a Severe Weather Policy for Remote Workers: 3 Key Steps 

Severe weather conditions are on the rise due to climate change: there are more hurricanes, tornadoes, wildfires, snowstorms, and extreme temperatures.  Concurrently, employers are hiring more and more remote workers who are spread across various states and experiencing extreme weather.  This makes it imperative for organizations to update (or develop) their severe weather policy.  It’s essential for organizations to have clear policies to maintain HR compliance, as well as ensure safety, and (in hazardous conditions) protect lives.  Many employers may not even have a policy in their employee handbook that addresses closings due to adverse weather conditions.  MP’s HR experts outline the steps to develop or update a severe weather policy that applies to remote employees.   

3 Key Steps for Writing a Severe Weather Policy that Includes Remote Workers 

1. Understand state and local laws for every location where employees work. 

Employers should begin by reviewing state and local laws surrounding bad weather and related hazardous conditions, such as wildfires or floods.  Some states, like California, have laws protecting workers who must evacuate due to a wildfire.  In states like Florida, nonessential employees may be protected from requirements to work during a state emergency.  They will also be protected from retaliation if they don’t follow these orders.  As expected, weather emergency definitions may change from state to state. Employers should also note that some state laws require “just cause” for termination.  These laws will protect employees from consequences for not working during extremely bad weather.  Organizations could work with HR experts, like the ones at MP, to complete this task.  

2. Review federal laws and regulations. 

Employees are protected by the Federal Occupational Safety and Health Act (OSHA).  Organizations must provide employees with a safe workplace, and employees may refuse to perform work that is hazardous or in hazardous conditions. OSHA also requires employers to develop and share an emergency action plan.  Regarding temperature, employers must provide employees with a safe space to work, free from temperatures that could be hazardous to health.  For remote workers, this might require them to stop work and seek shelter when their homes are subjected to dangerous, extreme temperatures.  In many cases, multi-state employers will choose to remain open through severe weather conditions.  These events may only impact some employees, not everyone.  In these scenarios, employers should be aware of employees’ rights not to work through these events, especially if they need to evacuate, don’t have electricity or water, etc.   
 

3. Write the policy. 

Organizations should work with HR experts, like the ones at MP, to draft or update their severe weather policy.  These are the elements every policy needs to incorporate, especially if an organization has remote employees. 

• A definition of inclement weather.  This definition may need to be expanded to fit conditions for multiple states, as some places experience snowstorms, hurricanes, tornadoes, wildfires, etc.  It may also help to add language about formally declared “states of emergency.” 
   
• An outline of the responsibilities of employers and employees.  Note that the organization must never put employees in harm’s way and ensure employees’ safety when possible.  Encourage employees to use their best judgment about working through severe weather events.  Require them to contact managers or a designated person if they need to take time off to evacuate, shelter, etc.  This communication is particularly critical if employees are remote and their managers may not know about their current weather events.  
   

• A list of which roles are “critical” or “non-critical.”  List out criteria or roles, so there is no confusion about who provides essential services.  In most cases, employees will be non-critical and should be given the flexibility not to work through severe weather.   Some examples of critical employees who may still have work due during emergencies are payroll administrators, business owners, security workers, etc.   
   
• A description of payment procedures.  Per the Fair Labor Standards Act (FLSA), nonexempt employees only need to be paid for hours worked.  If they don’t work due to severe weather, this time doesn’t need to be paid.  (Organizations may consider using PTO days to pay nonexempt employees in these scenarios.)  Salaried and exempt employees must still be paid, even if they don’t work or the business is closed due to a hazardous weather event.  Clearly laying out these procedures is vital, so employees understand how or when they will be paid during these weather events.   
   
• Share a communication plan.  This will be particularly essential if employees are remote.  Some managers may not even know their team is experiencing extreme weather.  Organizations should designate who employees must reach out to if they need to take time off from work due to severe weather.  Organizations may want to invest in talent management software, such as MP’s, to assist with collaboration and communication between teams. Personal cell phones and social media may also be an option if necessary, but it should be an expectation everyone has to avoid any confusion or miscommunication.   
   
• Include language for remote workers specifically.  If an organization has remote employees, it will help to have a policy section specifically addressing them.  The language should state that if remote employees can safely work through a severe weather event, they should continue their work.  If the event disrupts their ability to work, they should contact their supervisor or follow the plan listed in the section above to coordinate.