How to Navigate Natural Disasters

Is this the "new normal?" Our hearts and thoughts are with our Southern California residents currently facing devastating wildfires and power outages. While Summer and Fall in the Golden State historically bring high winds and fire danger, it feels unexpected to experience this devastation in the cold month of January. At CEA, we get many questions from employers about handling issues relating to ongoing wildfire threats. Many of our employers also want to know how to show empathy and compassion to employees affected by natural disasters.

Here are some answers:

Refusal to Report to Work

First, California employers should be aware of a relatively new law, SB 1044, allowing employees to refuse to report to work during an emergency condition.

More specifically, the law prohibits an employer from taking or threatening adverse action (e.g., discipline) against any employee for refusing to report to work or leaving the worksite when the employee reasonably believes it is unsafe due to an emergency condition.

Emergency condition is defined as either:

1. Conditions of disaster or extreme peril to the safety of persons or property caused by natural forces or a criminal act; or
2. An order to evacuate a workplace, worksite, or worker’s home, or the school of a worker’s child due to a natural disaster or a criminal act.

Of course, natural disasters may include events such as wildfires, flooding, earthquakes, etc. Criminal acts may encompass events such as bomb threats and active shooters.

Note that the law also prohibits an employer from preventing any employee access to their mobile device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety. As such, make sure that if you do restrict cellphone use in your workplace, your policies carve out emergency circumstances.

The law does not apply to specific groups, such as first responders and certain healthcare workers.

Reporting Time Pay

Employers may also wonder whether reporting time pay is owed if an employee shows up for work, but you send them home early due to a natural disaster. The answer is that this qualifies as an exception to reporting time pay requirements, as outlined below.

As a refresher, in California, employers must generally pay a non-exempt employee “reporting time pay,” when the employee reports for their regular shift and works less than half of their scheduled shift. In this case, they must be paid at least half of their scheduled hours—never less than 2 hours, nor is it required to pay more than 4 hours.

However, there are exceptions to reporting time pay requirements, including when:

1. Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities (e.g., bomb threat);
2. Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities, or sewer system (e.g., power goes out during a storm); or
3. The interruption of work is caused by an Act of God or other cause not within the employer’s control (e.g., an earthquake, wildfire, etc.).

Leaves of Absence

Finally, beyond compliance, employers should consider the “human” side of natural disasters. If an employee just lost their home in a wildfire or is currently displaced due to evacuation orders, they will need time to recover, both from a practical and emotional standpoint.

Even if an employee does not have a protected leave of absence available, consider any optional leave policies, such as offering a personal leave of absence. Depending on your policy, a personal leave may be paid or unpaid, and you may choose whether to continue healthcare benefits during the leave.

For employers offering Employee Assistance Programs (EAPs), make sure you communicate what services are available to employees, such as counseling.

For additional questions on employee rights and employer policy options, CEA members may call us at 800.399.5331 or email us at CEAinfo@employers.org.