everything you need to know about snow days at work

With the snow storm that hit much of the eastern part of the U.S. this week, you might be wondering whether you get paid when your office is closed, if your employer can require you to work despite the storm, and other questions that arise when weather intersects with work.

Can my employer require me to come into work even if the weather is making it hard for me to get there?

Yes. Your employer can require you to come to work despite severe weather, although a decent employer will make allowances for employees who can’t reasonably make it in.

If your employer is requiring to come in and you don’t believe you can safely travel, or if authorities are telling people in your community to stay inside and off the roads, you should push back and point out the safety hazards. Say something like, “The roads I’d need to travel on are not safe for driving right now, and I don’t think I can safely make it in. Authorities are telling people not to drive.”

Can my employer can penalize me for not coming into work if transit is shut down or the government is telling people to stay off the roads?

They shouldn’t, but in most states they can. Here’s one example, from North Carolina’s department of labor: “It does not matter if state officials have declared a state of emergency and are advising people to stay off of the roads. The decision to stay open or to close, for its employees to remain at work or leave early, or for its employees to report to work or not during adverse weather conditions, is entirely up to each individual employer to make on its own.” (If you are thinking that’s bananas, I agree.)

I wouldn’t be surprised if there’s a state where it’s illegal, though.

If my company says we should use our own judgment about whether to come in during snow, does it look bad if I stay home?

Reasonable employers don’t expect people to put themselves in harm’s way to get to work during serious storms (assuming that your job isn’t to provide life-saving services). If you judge the situation to be dangerous and/or if authorities are telling people to stay inside and off the roads, you should stay inside and off the roads. Those warnings are issued for a reason.

If my employer shuts down the office for a snow day, do they still have to pay me?

It depends on whether your job is classified as exempt or nonexempt.

If you’re a nonexempt employee (someone who is required to be paid overtime when you work more than 40 hours in a given week) and your office closes because of the storm so you don’t work on those days, your employer is not required to pay you for those days. Some employers will pay you anyway, but the law doesn’t require it; it will depend on your employer’s policy.

If you’re an exempt employee (salaried and not required to be paid overtime) and if you work any portion of the week, your employer must pay you your full salary for the week, even if your office closes because of the weather.

If my employer shuts down for a snow day, can they make me use a vacation day for the time?

Yes. It might seem unfair, especially if you would have gone into work if your office had been open, but your employer can indeed charge you a vacation day if they close for snow. That said, many employers choose to cover the day off for everyone rather than forcing people to use their vacation time.

If I’m on scheduled leave when my company shut down for snow, do I still have to use up a vacation day for that time, even though my company was closed?

This is up to your employer’s own policies. Some companies won’t require you to use the vacation time, but others will. If you’re unsure, the best thing to do is to simply ask your manager. Say something like, “I’m uncertain how my planned leave works with the snow day. Should I still count the day we closed as a vacation day?”

What if I work from home? 

If you’re working a full day from home, that’s a work day, and you shouldn’t need to use a vacation day for it. If you’re working sporadically from home, between shoveling, drinking hot chocolate and lounging on your couch, it will depend on how much of the day you’re really working, and on your employer’s internal policy for this kind of thing.

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