Play Audio
Inclement Weather Policy: Can Employers Require Attendance?
6:28

Inclement Weather Policy: Can Employers Require Attendance?

By Steve Donovan on Jan 03, 2025
5 min read 1 Comment

Share this:

inclement-weather-policy-can-employers-require-attendance (1)

As the United States braces for one of the most severe winter storms in recent years, some regions are forecasted to see over a foot of snow, with others facing up to half an inch of ice. This weekend, Winter Storm Blair is expected to blanket the Midwest, including Kansas City, in dangerous conditions that could bring businesses to a standstill.

With icy roads, power outages and snowdrifts piling high, employers face critical questions:

  • Can you require employees to report to work during such treacherous weather?
  • What are your legal and ethical obligations for employee safety?
  • How should pay be handled during weather-related disruptions?

Severe weather challenges extend beyond winter storms. Tornadoes, hailstorms and flash flooding—common in regions like Kansas City—also pose risks that businesses must address in their inclement weather policy.

free template sample business closure due to inclement weather messages

Weather Warnings and Business Decisions

Now imagine this: a severe thunderstorm warning in Kansas City predicts torrential rain, golf-ball-sized hail and tornado threats. These conditions can be just as disruptive—and dangerous—as a snowstorm burying the city in a foot of snow and sub-zero wind chills. Severe weather doesn’t always come with icy roads, but its impact on safety and business operations can be just as significant.

For employers, this underscores the importance of crafting a comprehensive inclement weather policy that considers all potential risks—not just winter storms. Clear communication and preparation ensure your team knows how to respond, no matter the forecast.

By addressing questions like whether employees should report to work and how to handle pay during closures, your policy can prioritize employee safety while supporting operational needs.

New call-to-action

Can Employers Require Employees to Report to Work During Inclement Weather?

When snow is piling up and ice is glazing the streets, employers often wonder: Can I legally require my team to come to work? The answer depends on your industry, employee classification and how you balance safety with business needs.

Yes, But with Limits

Most employers can require attendance during inclement weather. However, some industries face stricter rules:

  • OSHA Rules for Inclement Weather

    For example, OSHA prohibits motor carrier employees—such as truck drivers or vehicle operators transporting people or hazardous materials—from driving if they believe conditions are unsafe.
  • NLRA Protections

    The National Labor Relations Act (NLRA) also plays a role during severe weather. It protects employees who refuse to work in unsafe conditions when specific criteria are met. Employers cannot retaliate against workers who reasonably believe their safety is at risk and choose not to report to work.

OSHA and Employee Safety

OSHA rules for inclement weather emphasize that employers must provide a safe work environment. This includes assessing weather risks and ensuring no employee is forced into dangerous situations. For jobs requiring travel or outdoor work, avoid mandating attendance when conditions pose significant hazards.

RELATED: Remote Work During Inclement Weather >>

The Human Factor

Even if legally allowed, requiring attendance during extreme weather can harm morale and erode trust. Employees’ comfort levels with driving or working in inclement weather can vary greatly and different parts of a city or region may experience vastly different conditions.

To strike the right balance, prioritize safety and flexibility in your inclement weather policy. Showing that you value your employees’ well-being fosters trust and helps maintain productivity in the long term.

How Is Pay Handled for Inclement Weather Days?

When developing your inclement weather policy, one critical aspect to address is the payment of employees during weather-related closures or disruptions.

Two Primary Conditions to Consider

1. Decision-Making Authority

Was it your decision as the employer to close the workplace due to inclement weather, or did the employee decide to stay home based on the severity of the weather?

2. Employee Classification

Is the worker classified as exempt or non-exempt? Understanding the difference between these classifications is crucial.

To find out what the difference is between exempt and non-exempt, read this blog post >>

How Inclement Weather Pay Breaks Down

Nonexempt Employees

Under the FLSA, employers are not required to pay nonexempt employees for unworked hours due to closures. However, compensating them in these situations can build goodwill and boost morale.

Exempt Employees

Salaried employees must receive their full pay if they perform any work during the week. If they choose not to report to work when the office is open, their absence may be treated as a personal day, allowing employers to deduct PTO or pay for the day.

RELATED: Q & A Natural Disasters and FMLA Leave >>

Why You Need an Inclement Weather Policy

A strong inclement weather policy ensures your team knows what to expect during severe weather events. It should include:

  • How and when employees will be notified of closures or delays.
  • Compensation policies for exempt and nonexempt employees.
  • Guidelines for using PTO or vacation time.
  • Remote work expectations during office closures.
  • Safety measures for essential personnel required to work during storms.

RELATED: How to Communicate Weather-Related Business Closures to Employees and Customers >>

Safeguarding Your Workforce in Inclement Weather: Expert Guidance from Axcet HR Solutions

When severe storms strike, ensuring employee safety becomes a top priority for employers. But how can you balance this with maintaining business operations? At Axcet HR Solutions, we understand the challenges you face. That's why our team of safety and risk management consultants, as part of our comprehensive HR services as a professional employer organization (PEO), can provide the expertise you need.

Discover how to create an effective inclement weather policy that safeguards your employees while addressing business continuity. Our safety and risk management consultants can guide you in developing strategies to mitigate risks, communicate effectively with your workforce and implement contingency plans.

Prioritize the safety of your employees and the well-being of your business. Contact Axcet HR Solutions today to learn how our expert guidance can help you navigate inclement weather challenges and create a robust policy that ensures both employee safety and business continuity. Together, let's weather the storm with confidence.

Subscribe to the Axcet Blog

Written by Steve Donovan

Get HR Updates

Table of Contents

Related Resources

Staying Connected During the Storm: Tips to Announce Weather Closures

How to Communicate Business Weather Closures to Employees and Customers
inclement weather-remote work policy

Inclement Weather-Remote Work Policy: Ensuring Safety & Productivity

Let us know what you think...