Managing Employee Leave During Natural Disasters

Last year we witnessed a significant number of natural disasters across the United States, resulting in the displacement of millions of Americans. As natural disasters become more frequent and intense, employers need to be prepared to address the potential impact on their workforce. This article explores various employment policies and regulations that employers should be aware of when dealing with employee leaves during and after a catastrophic event.

Statistics

In 2022, natural disasters such as wildfires, hurricanes, tornadoes, floods, and more forced over three million  Americans to leave their homes. While the majority returned within a week, according to the  U.S Census Bureau, approximately 16% did not return, and 12% remained displaced for more than six months.

Leave Policies & Laws

Family and Medical Leave Act (FMLA):

• Enforced by: Federal and State Government
• Purpose: Requires employers to provide unpaid, job-protected leaves for medical reasons.
• Application to Natural Disasters: Employees who experience a serious health condition during a disaster or need to care for a family member with a serious health condition are entitled to unpaid leave.
• Where to Learn More: U.S. Department of Labor Employer Guide

Paid Time Off (PTO) Policies:

• Enforced by: Individual Organization
• Purpose: Allows employees to take time off with pay for various reasons.
• Application to Natural Disasters: PTO can provide employees the necessary time off to recover physically and mentally, handle insurance claims, salvage belongings, or search for missing family members without worrying about income loss.
• Where to Learn More: Zenefits; PTO Guidelines and Compliance

Uniformed Services Employment and Reemployment Rights Act (USERRA):

• Enforced by: Federal and State Government
• Purpose: Ensures leaves for employees serving in the military during natural disasters and protects against discriminatory practices.
• Application to Natural Disasters: Requires employers to grant leaves to service members called up during a natural disaster, including National Guard members and volunteer responders.
• Where to Learn More: U.S. Office of Special Counsel Website

Worker Adjustment and Retraining Notification (WARN) Act:

• Enforced by: Federal Government
• Purpose: Requires employers to provide notice for closures or layoffs due to natural disasters.
• Application to Natural Disasters: Employers with over 100 employees must make a good faith effort to notify employees in the event of widespread closings or massive layoffs caused by a natural disaster.
• Where to Learn More: WARN Natural Disaster Fact Sheet

Absence-Related Regulations:

Fair Labor Standards Act (FLSA):

• Enforced by: Federal Government
• Purpose: Protects employees from unfair pay practices.
• Application to Natural Disasters: For nonexempt employees, employers are only required to pay for hours worked during a natural disaster. Exempt employees must be paid their full salary, but employers are not obligated to pay if the business remains closed for a week or more.
• Where to Learn More: DOL Website

Occupational Safety and Health Administration (OSHA):

• Enforced by: Federal and State Government
• Purpose: Establishes workplace safety standards.
• Application to Natural Disasters: Employers must provide a safe working environment during natural disasters and emergencies, ensuring employees are protected from imminent danger. Employees have the right to file a complaint with OSHA if they believe that going to work during a natural disaster jeopardizes their safety.
• Where to Learn More: OSHA Website | OSHA Quick Card

Conclusion

As natural disasters continue to impact communities nationwide, employers must familiarize themselves with relevant employment policies and regulations. By understanding their obligations and implementing appropriate leave policies, employers can effectively support their workforce during and after natural disasters. For further inquiries or in-depth discussions, feel free to contact our Burnham team.

This material has been prepared for informational purposes only. BRP Group, Inc. and its affiliates, do not provide tax, legal or accounting advice. Please consult with your own tax, legal or accounting professionals before engaging in any transaction.