Encore--"The Weather Outside Is..."
When the weather service forecasts significant snow or ice, most people are out buying milk and bread. HR types, however, often turn their attention to staffing their facilities.
A 1998 Pennsylvania law (Act 4), which triggers only if the Governor declares an emergency, excuses most employees absence from work if the Governor decides to close roads. Note that generally the employer may not discipline or terminate, but does not have to pay employees who fail to report to work. Certain emergency services employees are not covered. (Section 1485).
The text of the Act appears below:
EMPLOYEE'S FAILURE TO REPORT TO WORK DURING A STATE OF EMERGENCY
§ 1481. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Discipline" The taking of any action against an employee which adversely affects his regular pay, his job status or opportunity for promotion or his right to any benefit granted by the employer to other similarly situated employees.
§ 1482. Termination or discipline of employees
An employer may not terminate or discipline an employee for failing to report to work due to a closure of the roads in the county of the employer's place of business or the county of the employee's residence resulting from a state of emergency declared by the Governor under 35 Pa. C.S. § 7301 (relating to general authority of Governor) or 75 Pa.C.S. § 6108 (relating to power of Governor during emergency).
§ 1483. Payment not required
An employer shall not be required to pay an employee for a work day on which the employee fails to report to work due to road closures.
§ 1484. Remedies
(a) Civil action--An employee may bring an action against an employer for a violation of section 2.
(b) Limitation-Notwithstanding 42 Pa C. S. § 5524(7) (relating to two year limitation), an action under this section must be commenced within 90 days of the date the cause of action arises.
(c) Elements-To recover under this section, an employee must prove by a preponderance of the evidence that the employer intentionally and knowingly violated section 2.
(d) Relief-lf an employee is successful in an action under this section, the court may order any of the following:
(1) An injunction ordering the employer to:
(i) revoke the disciplinary action or penalty; and (ii) if necessary, reinstate the employee.
(2) Damages in the amount of wages and benefits lost from the time of the violation to the time of compliance with the injunction under paragraph (I).
(e) Costs and fees--lf an employee is successful in an action under this section, the court may award the employee court costs and reasonable attorney fees.
§ 1485. Applicability
This act shall not affect drivers of emergency vehicles, essential corrections personnel, police, emergency service personnel, hospital and nursing home staffs, pharmacists, essential health care professionals, public utility personnel, employees of radio or television stations engaged in the gathering and dissemination of news, mad crews and oil and milk truck delivery personnel.
BOTTOM LINE:
Don't forget to consult and follow the Pennsylvania law, your Collective Bargaining Agreements (if you are unionized), or your weather emergency policy (if you are union-free). Additionally be aware that docking pay for your exempt employees may interfere with the salary basis for wage/hour purposes and jeopardize your "white collar" exemptions. Liberal use of leave may assist employees in making the decision to travel or stay at home.
Skarlatos & Zonarich LLP is a full-service law firm with highly skilled professionals dedicated to providing clients with sound advice and aggressive advocacy. For more information, visit skarlatoszonarich.com.
