December 04, 2025
Inclement Weather Makes for Turbulent Times – An FLSA Reminder
I just took my first call of the winter season about snow days. I get them every year and I bet you do, too. If an employee does not work because of inclement weather, do we have to pay the employee? It depends (I know, I know).
The answer depends on whether the employee is exempt, non-exempt, and why the employee is not working. Is it because you closed the office for the day or the employee could not get into the office?
- Non-Exempt Employees. Under the Fair Labor Standards Act (FLSA), if the employee is non-exempt, you are only obligated to pay for time actually worked. If the employee does not work on a “snow day” you are not obligated to pay the employee since no work was performed. But remember to look to your policy and past practice to determine if you have an obligation to pay the employee based on either of those. Check your state and local jurisdictions’ paid leave laws. A few states require paid leave that an employee can use for any reason, like Maine and Nevada.
- Exempt Employees. Under the FLSA, the answer depends upon several factors: why the employee is not working; if the employee performed any work for you in that workweek; and if the absence was a full or partial day absence.
If you closed the office and the employee is otherwise available to work, then you must pay the exempt employee for the day, if the employee performed any work for you in that workweek. Let’s say the employee works Mon – Thursday then you close on Friday due to inclement weather, then you must pay the employee for Friday. But, if the employee is absent the entire week, such as being out on a leave of absence, then you need not pay for the day you closed the office.
If you remain open for business but the employee is unable to work due to inclement weather, then you are not required to pay the employee for this absence if it is a full day absence. This is the same rule applied to an exempt employee’s absence for personal reasons. But, if the exempt employee comes in late or leaves early due to inclement weather, working only a partial day, you must still pay the employee the regular salary for that day.
Another popular question – and the last one for this article – can we require an employee to use accrued paid leave to cover the full or partial absence? Under the FLSA, the answer is, “Yes.” As above, follow your policy, past practice, and comply with state and local laws. If the employee is exempt and has no or insufficient accrued, paid leave to cover the absence, follow the above guidance and on all matters consult with your company’s employment counsel.
Want to read more? Click here and here for the U.S. DOL’s two related opinion letters from 2005.
