--- title: Know the Pay Rules for When Bad Weather Strikes description: Bad weather can disrupt any business and lead to questions about whether employers need to pay employees when the worksite closes or employees don't report to work. Here are some answers to common employer questions about pay rules. image: https://sbshrs.adpinfo.com/hubfs/Elizabeth/ToW_Blog_Ftr_Img_Know%20the%20Pay%20Rules%20for%20When%20Bad%20Weather%20Strikes.png --- [![ADP® logo](https://sbshrs.adpinfo.com/hs-fs/hubfs/Logo/ADP_logo.png?width=55&height=25&name=ADP_logo.png "ADP® logo")](https://www.adp.com/?utm_medium=display&utm_source=https://sbshrs.adpinfo.com/blog&utm_campaign=SBS_FY24_Q1_HR+Tip+of+the+Week+UTM&elqCampaignId=43754) - [Tip of the Week](https://sbshrs.adpinfo.com/blog) - Topics - [Compliance](https://sbshrs.adpinfo.com/blog/topic/compliance) - [Employee benefits](https://sbshrs.adpinfo.com/blog/topic/employee-benefits) - [Hiring and onboarding](https://sbshrs.adpinfo.com/blog/topic/hiring-and-onboarding) - [HR101](https://sbshrs.adpinfo.com/blog/topic/hr101) - [Nondiscrimination](https://sbshrs.adpinfo.com/blog/topic/nondiscrimination) - [Pay](https://sbshrs.adpinfo.com/blog/topic/pay) - [Performance management](https://sbshrs.adpinfo.com/blog/topic/performance) - [Policies](https://sbshrs.adpinfo.com/blog/topic/policies) - [Termination](https://sbshrs.adpinfo.com/blog/topic/termination) - [Training and development](https://sbshrs.adpinfo.com/blog/topic/training-and-development) - [Workplace safety](https://sbshrs.adpinfo.com/blog/topic/workplace-safety) - [Webinars](https://sbshrs.adpinfo.com/hrwebcasts) - [Podcast](https://hrpreneur.podbean.com/) - Resources - [Newsletter](https://sbshrs.adpinfo.com/newsletter) - [ACA Reporting Road Map](https://sbshrs.adpinfo.com/aca-road-map) - [FLSA & Overtime Rule Guide](https://sbshrs.adpinfo.com/flsa) - [COVID-19 Resource Center](https://sbshrs.adpinfo.com/covid19) ## HR Tip of the Week Posted on November 2, 2026 |  [Pay](https://sbshrs.adpinfo.com/blog/topic/pay), [Policies](https://sbshrs.adpinfo.com/blog/topic/policies) # Know the Pay Rules for When Bad Weather Strikes ![Trucks with cargo trailers on the highway in a snow storm](https://sbshrs.adpinfo.com/hubfs/Elizabeth/ToW_Blog_Ftr_Img_Know%20the%20Pay%20Rules%20for%20When%20Bad%20Weather%20Strikes.png) Bad weather can disrupt any business and lead to questions about whether employers need to pay employees when the worksite closes or employees don't report to work. To help, here are some answers to common employer questions about pay rules during weather emergencies. | ## KEY POINTS - Non-exempt employees must be paid for hours worked, subject to state and local requirements. - Exempt employees generally must receive their full salary for any workweek in which they perform work. - Employees who perform remote work, even without permission, must be paid for the time worked. - State and local laws may create additional obligations, including reporting-time pay and leave requirements. | | --- | ## **Q: We were closed for an entire day because of the weather. Do I have to pay non-exempt employees for that day?** **A:** Non-exempt employees are paid only for "hours worked." Therefore, if non-exempt employees miss an entire day's work because you are closed and you didn't require them to report to work, you are generally under no obligation to pay them, unless you have promised otherwise. However, some employers choose to pay non-exempt employees under these circumstances. | **Note:** Under federal law, non-exempt employees are typically paid on an hourly basis and are entitled to at least the minimum wage for each hour worked and overtime whenever they work more than 40 hours in a workweek. Certain state laws may have additional overtime requirements. | | --- | ## **Q: What about exempt employees? Do I have to pay them when we close because of the weather?** **A:** Exempt employees must generally receive their full salary in any workweek in which they perform work, regardless of the number of hours worked. Therefore, if your company closes for less than a full workweek due to inclement weather, you must generally pay an exempt employee their full salary, as long as the employee worked any part of the workweek. ## **Q: My company was forced to close six hours early because of a storm. Do I have to pay non-exempt employees for the time they missed?** **A:** If the company closes early, federal law doesn't require you to pay non-exempt employees for the missed time, unless you promised otherwise. However, you must pay these employees for any time they actually worked. Some state and local laws require employers to provide a minimum amount of pay when employees report to work but are sent home early. Employers should check applicable law carefully, since some jurisdictions provide exceptions for circumstances such as natural disasters, severe weather, utility failures, or other events outside the employer's control. ## **Q: Our non-exempt employees reported to work and we asked them to wait while we made a decision about whether to close. If we ultimately decided to close and they didn’t work while waiting, do I have to pay them for that time?** **A:** Yes, if employees were required to stay at work while your company made a decision to close, the employees are entitled to pay for the time. As mentioned above, check your state law for additional requirements for paying employees when they are required to report to work but are sent home early. ## **Q: We remained open during bad weather, but some employees decided to stay home and others left early. Do I have to pay them for the missed time?** **A:** You don't have to pay non-exempt employees for the time they miss when they choose to stay home or leave early. For exempt employees, it depends on whether the employee is absent for the full day or a partial day. If you remain open and an exempt employee chooses to stay home because of the weather, and doesn't work at all, you may generally reduce the employee's salary accordingly. This would be considered one of the few [permitted deductions](https://sbshrs.adpinfo.com/blog/garnishments-deductions-and-pay-frequency-what-you-need-to-know) if this were an absence for personal reasons other than sickness or disability. However, if the employee works any part of the day, you must pay the employee their full salary. Additionally, if *you* choose to close, you must pay exempt employees their full salary regardless of whether it is a partial- or full-day closure. ## **Q: An employee stayed home even though we remained open during bad weather. We later discovered they performed work remotely during the day, including checking and replying to email from home. I didn't give them permission to do this. Do I still have to pay the employee for this time?** **A:** Yes. If the employee is non-exempt, they must receive pay for any time actually spent working, including checking and replying to email, regardless of whether it was authorized in advance. If the employee is exempt, they must receive their full salary for that workweek. Employers may prohibit unauthorized remote work and discipline employees who violate the policy, but they must still pay employees for all time actually worked. ## **Q: What are some options for distributing paychecks during a weather emergency?** **A:** You can encourage employees to sign up for direct deposit and explain that the distribution of paper paychecks  at the workplace may be delayed during an emergency. You may also want to consider a backup distribution point for emergency situations. ## **Q: An employee requested to use leave during a weather emergency. Do I have to grant the request?** **A:** Employees may be entitled to leave during and/or after an emergency under some laws. For example, employees who participate in relief efforts (such as volunteer emergency responders and National Guard members) may be entitled to leave under state and/or federal law. Employees with injuries or illnesses resulting from severe weather (or who have an impacted family member ) may also be entitled to leave. Employers should also check applicable state and local paid sick leave laws. In some jurisdictions, employees may be permitted to use paid sick leave for absences related to public health emergencies, disaster-related closures, evacuation orders, or the closure of a child's school or place of care. A handful of state and local jurisdictions also entitle employees to paid leave for any reason, including weather-related absences. Absent a specific requirement, employers should try to be flexible and recognize that employees impacted by the storm may have a greater need to use leave to take care of personal responsibilities, such as filing insurance claims, securing new housing, and taking care of affected family members. Employers may want to consider relaxing leave policies after an emergency or even allowing employees to donate paid leave to other employees who suffer a greater impact from a storm. ## **Q: We pay non-exempt employees when we are forced to close during weather emergencies. Do I have to count these hours when determining whether overtime is due?** **A:** If employers have a policy that pays non-exempt employees for missed time when they close due to weather or other emergencies, those hours wouldn't count when determining whether the employee is entitled to overtime. For example, if the employer were closed for a full day on Monday because of the weather and paid non-exempt employees for eight hours even though they didn't work, those eight hours aren't considered hours worked for determining whether overtime is due. ## **Q: Can I require exempt employees to use paid time off (PTO) during a weather-related closure?** **A:** Under federal law, employers may typically require exempt employees to use available vacation or other leave benefits during weather-related closures, provided the employee still receives their full salary for any workweek in which they perform work. For example, if your business closes for one day because of severe weather and an exempt employee performs work during the workweek, you would generally be required to pay the employee their full salary for the week. However, you may generally deduct the missed day from the employee's accrued leave bank in accordance with your written policy. If the exempt employee has exhausted all available leave, different rules may apply. In many cases, if the closure is initiated by the employer and lasts less than a full workweek, the employee must still receive their full salary, even if no leave remains available. State laws may impose additional requirements. For example, some states have taken the position that employers cannot force the use of vacation time or can only do so if the employer has provided a specific notice to employees in advance. Employers should review applicable state law and their policy before making deductions from leave banks. ## **Conclusion** In addition to ensuring compliance with federal law, employers should check state and local laws, which may have additional pay requirements.    --- ### **Share on social** [![Share on facebook](https://7528309.fs1.hubspotusercontent-na1.net/hub/7528309/hubfs/raw_assets/public/mV0_d-web-default-modules_hubspot/img/facebook-color.png?width=24&name=facebook-color.png)](http://www.facebook.com/share.php?u=https%3A%2F%2Fsbshrs.adpinfo.com%2Fblog%2Fknow-the-pay-rules-for-when-bad-weather-strikes%3Futm_medium%3Dsocial%26utm_source%3Dfacebook) [![Share on linkedin](https://7528302.fs1.hubspotusercontent-na1.net/hub/7528302/hubfs/raw_assets/public/mV0_d-web-default-modules_hubspot/img/linkedin-color.png?width=24&name=linkedin-color.png)](http://www.linkedin.com/shareArticle?mini=true&url=https%3A%2F%2Fsbshrs.adpinfo.com%2Fblog%2Fknow-the-pay-rules-for-when-bad-weather-strikes%3Futm_medium%3Dsocial%26utm_source%3Dlinkedin) [![Share on twitter](https://7528302.fs1.hubspotusercontent-na1.net/hub/7528302/hubfs/raw_assets/public/mV0_d-web-default-modules_hubspot/img/x-twitter-color.png?width=24&name=x-twitter-color.png)](https://twitter.com/intent/tweet?original_referer=https%3A%2F%2Fsbshrs.adpinfo.com%2Fblog%2Fknow-the-pay-rules-for-when-bad-weather-strikes%3Futm_medium%3Dsocial%26utm_source%3Dtwitter&url=https%3A%2F%2Fsbshrs.adpinfo.com%2Fblog%2Fknow-the-pay-rules-for-when-bad-weather-strikes%3Futm_medium%3Dsocial%26utm_source%3Dtwitter&source=tweetbutton&text=) ![](https://sbshrs.adpinfo.com/hubfs/Jaime/search-black.svg) ### Most popular This content is based on generally accepted HR practices, is advisory in nature, and does not constitute legal advice or other professional services. 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