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  1. #1
    Join Date
    Aug 2009
    Posts
    10

    Default Missing Work Due to Bad Weather

    I live in NJ while I work in NY. In a snow storm, if I cannot make to work because of the road conditions but the business is not officially closed. What options do I have? Does it comes from my personal or vacation day or a sick? Can I ask my employer for transport because I cannot drive in the hazard conditions?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,170

    Default Re: Snow Storm

    Are you exempt or non-exempt? Are you classified as essential personnel?

  3. #3
    Join Date
    Aug 2009
    Posts
    10

    Default Re: Snow Storm

    Not sure but I would say essential and non-exempt. I work as techical support in an Advertising company. I hope this helps. But i am curious what would be the difference? Also how would I know where I belong?

    thanks

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Snow Storm

    You would know if you were considered "essential personnel". However, that phrase is normally used only in government settings, where managers MUST designate essential personnel.

    Either way, since you are nonexempt, the employer MAY allow (or may FORCE) you to use any paid time off you may have available, most likely vacation or personal days. Most companies limit usage of sick pay to the employee actually being ill or injured.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,170

    Default Re: Snow Storm

    Here is the difference.

    If you are exempt, then you MUST be paid for the time, although the employer MAY require that you use vacation, personal, PTO or other paid leave.

    If you are non-exempt, then you MAY be paid for the time if the employer chooses to, but you have no legal expectation of being paid. You may choose to use vacation, PTO, etc; your employer may require it; but it's going to be entirely determined by what you and your employer agree to or your employer requires.

    You are, of course, free to ask your employer for transport but the employer is not obligated to comply.

  6. #6
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Missing Work Due to Bad Weather

    Quote Quoting smt
    View Post
    I live in NJ while I work in NY. In a snow storm, if I cannot make to work because of the road conditions but the business is not officially closed. What options do I have? Does it comes from my personal or vacation day or a sick? Can I ask my employer for transport because I cannot drive in the hazard conditions?
    Your employer is in a tough spot.

    We're having a major snow storm here today, and I asked the director of our facility yesterday if it will be a paid snow day today. She said "she can't" because when she it once before, it almost started a riot.

    That time, she told one guy he'll be paid a snow day, no one else asked about it, but as it turned out he was the only one who stayed out that day, while everyone else came in, even those who lived further away. Everybody wanted to know why if this person was paid for sitting at home, what is she going to do for all the people who came in.

    So she went ahead and gave everyone who went in to work "comp time" of one day, to be taken within 30 days. During our discussion yesterday, it was decided that if only one person stayed home, we'll tell him to take a personal day, but if half the people came in, and half stayed home, we'll simply give "comp time" to those who came in.

    But we finally got the OK from the city to close the facility today.

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