Winter Is Coming: What’s Your Inclement Weather Policy?

Winter weather can throw a wrench into your business day, but with a clear inclement weather policy, your employees will know exactly what to do, and you can keep your small business operations smooth. 

When the weather takes a turn for the worse, you’ll have employees worried about safety while you’re juggling legal obligations and operational continuity. Here’s how you can get on top of those obligations and create a weather policy that works for everyone. 

What is an inclement weather policy?

An inclement weather policy is a set of guidelines your small business uses to address operations and employee safety during severe or hazardous weather conditions.

Your inclement weather policy should provide a definition of severe weather, clear communication procedures, and the work arrangements your employees can follow alongside the expectations you have for them. 

You’ll also want to provide information on how your business operations will be impacted and when normal operations will resume. And of course, you’ll need to follow legal obligations around employee rights. 

Employee rights during inclement weather cover the legal and ethical obligations employers have to ensure their workers' safety and fair treatment when severe weather hits. This includes:

• Ensuring employees aren’t forced to travel in dangerous conditions.
• Clear communication about closures or delays.
• Proper handling of pay and leave.

Examples of legal protections

Let’s break it down with some real examples:

• Fair Labor Standards Act (FLSA): This federal law mandates that non-exempt (hourly) employees only need to be paid for hours worked. So, if your shop closes due to a blizzard, you’re not legally required to pay them for the lost hours.
• State-specific regulations: States like New York and California have additional protections. For example, in New York, if an employee reports to work and is sent home early, they must be paid for at least four hours.
• Union agreements: If your business is unionized, the collective bargaining agreement might have specific clauses about inclement weather pay and safety protocols.

How employers should handle closures and delays in a severe weather policy

So, how do you decide when to close up shop or delay opening? And once you’ve made that call, how do you let everyone know? First, establish clear criteria for deciding closures. Look at:

• Local government advisories.
• School closures.
• Road conditions.
• Public transit advisories.

Then, you’ve got to notify your team. Here’s how:

• SMS notifications: Quick and direct. Everyone has their phone on them.
• Email alerts: Great for detailed instructions and updates.
• Team management app updates: If you use a team management app like Homebase, you may already have built-in team communication features. 

What are the rules for inclement weather for employers?

Ensuring you’re legally compliant while keeping your employees safe is non-negotiable, so here’s what you need to know.

Federal laws

Federal laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) set the groundwork.

• FLSA: Non-exempt employees are only paid for hours worked. Exempt employees must be paid their full salary if they work any part of the week.
• FMLA: Employees may be eligible for unpaid leave if severe weather causes a serious health condition.

State-specific guidelines

Different states have varying laws. Know your state’s specifics to stay compliant.

• Regional differences: States like California and New York have additional protections. For instance, New York state requires a minimum of four hours’ pay if an employee reports to work and is sent home early, or three hours’ pay for restaurants and hotels. 
• Key state laws: Research your state’s requirements or consult with legal counsel to ensure compliance.

Employer duty of care

You have a duty to provide a safe work environment and assess travel risks.

• Provide a safe work environment: Ensure your premises are safe. Clear snow and ice, and make sure heating systems are working.
• Assess travel risks: Use local government advisories to guide your decisions on closures and delays.

Ensure employee safety

Safety should always come first. Here’s how to make sure your team stays safe.

• Encourage remote work: If employees can work from home, let them. It’s safer and keeps operations running.
• Offer flexible hours: Allow staggered start times or flexible schedules to avoid peak travel times.

How to handle pay in your weather policy

Rules for inclement weather can depend on the jurisdiction, but one important aspect is employee pay. Your team needs to know what to expect, and you need to stay compliant. 

Depending on your small business, you may have exempt and nonexempt employees on staff. Here’re your obligations to each. 

Non-exempt employees

For your hourly workers:

• Hourly pay rules: You are only required to pay them for the hours they actually work. If they clock in, they get paid. If they don’t, they don’t.
• Use of paid time off: While there is no legal obligation, you may be tempted to require employees to use PTO to cover lost hours. You’ll want to be careful of this lowering team morale if mandated, but some employees may appreciate the option.

Exempt employees

For your salaried employees, the pay situation is different:

• Full salary obligations: If they work any part of the week, they’re entitled to their full salary. Even if you close for a day or two.
• Deductions and partial-day absences: You can’t dock their pay for partial-day absences. If they work from home for part of the day, they still get their full salary.

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How to create an inclement weather policy

You might be tempted to come up with a policy from scratch, but it can be worth looking online for a sample inclement weather policy. But the needs of one business may differ from another, so you’ll still want to customize your policy to your team.

Here’s how to do it.

Steps to develop the weather policy

1. Form a team: Get a group together. HR, legal, and key managers. You need all perspectives to create a comprehensive policy.
2. Do your research: Check on your legal obligations from the federal to state to municipal levels. Consider the weather conditions you might face in your area. This is where an inclement weather policy example might come in handy.
3. Draft the policy: Outline the criteria for closures, communication methods, and pay policies. 
4. Review with legal counsel: Make sure everything is compliant with federal and state laws. You don’t want surprises down the road.

Elements to include in your severe weather policy

Your policy should cover:

• Closure criteria: Define what triggers a closure or delay, including timelines. 
• Communication protocols: Detail how you’ll notify employees. 
• Pay and leave policies: Explain how pay will be handled for both nonexempt and exempt employees. Include info on using PTO.
• Remote work guidelines: If remote work is an option, spell out how it works. Who’s eligible? What are the expectations?

Make the policy accessible

Once you’ve got your policy, make sure everyone can see it:

• Employee handbooks: Include the policy in your handbook. If your team management app offers onboarding packets like Homebase, include it so every new hire has access.
• Digital copies: Post it on your team communication app or shared drive. Make sure it’s easy to find.
• Training sessions: Hold a meeting or training session to go over the policy. Answer any questions your team might have.
• Email samples: This one’s for your managers. Create a sample inclement weather email to employees so that they have support communicating in case of severe weather.

Now you and your team should be equipped to handle anything nature throws your way. 

Put policy into practice with Homebase

By following these guidelines, you’ll not only keep your business running smoothly during inclement weather, but you’ll also show your team that you care about their well-being. And that’s a win-win for everyone. 

Once your policy is ready to be put into practice, you can share it with a team management app like Homebase. Designed with small business owners in mind, Homebase offers tools to manage schedules, payroll, communicate with your team, and stay compliant. Sign up now with Homebase.