Is an employee entitled to be paid if they cannot come into work as a result of the weather or disaster?
It depends on the employment agreement between the employer and employee.
In this situation, neither party is necessarily at fault. When it comes to payment for time away from work in a situation where either an employee can't get to work, or the employer can't open their business, both parties need to look to the employment agreement between them to see if this type of situation is covered. If it is not addressed in the agreement, then it would be up to both parties to talk about it and agree what the time away from work will be classed as. For example, agreeing to take annual leave, a paid day off, an alternative holiday or taking leave without pay.
Which of these options they agree may depend upon the circumstances, including the nature and extent of the disaster or weather disruption and how long it lasts for. But without looking at the agreement and the specific circumstances, you can't assume that time away from work in these circumstances would automatically be paid or unpaid.
Date Modified: Monday, August 15, 2011
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and should not be used as a substitute for legislation or legal advice. State sector employers
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