For employers, preparing for winter weather includes ensuring all employees are paid properly on snow days.

Many employers are surprised to learn their payroll does not take a snow day when their employees do.

While snow days are probably the most common application of the principles discussed in this article, these rules apply to most temporary closures regardless of the reason.

Exempt Employees

Somewhat counterintuitively, exempt employees have greater rights when it comes to temporary closures than non-exempt employees do.

This is because exempt employees (with limited exceptions) are paid on a salary or fee basis, so a reduction in their hours typically cannot trigger a reduction in pay.

For exempt employees, if the business is closed for less than a week, exempt employees must be paid their full salaries.

Under federal law, it is permissible to require the employee to use vacation days or other paid time off to cover the absence, but even if the employee has no available time off, it is not permitted to reduce the employee’s salary.

It is also permissible to require the employee to make up the missed time.

State law may vary on these issues. For example, Connecticut employers are not permitted to make a deduction from an exempt employee’s paid time off (or vacation, sick, personal, etc.) bank if the worksite is closed.

This restriction does not apply to teachers, attorneys, physicians, and very limited other categories of exempt employees.

If the worksite is open...

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