California is no stranger to devastating natural disasters, including the ongoing threat of wildfires, earthquakes, and floods. As recent events have shown, these natural disasters can have a significant impact on the daily lives and livelihoods of employees and employers, disrupting day-to-day life entirely professionally and personally. Whether you are an employee navigating the aftermath of a natural disaster or an employer seeking to understand your obligations in the wake of the recent California wildfires, it is crucial to be aware of the legal considerations for employees and employers impacted by recent California wildfires and other natural disasters.
Still, this might seem daunting to grasp alone. As an employment law mediator, attorney and legal commentator, my passion is providing clarity and guidance so that, when the smoke clears and dust settles, both parties are informed of their rights and responsibilities, as well as the resources available to them. Here is what to know!
Legal Considerations for Employees Impacted by Natural Disasters
For employees directly impacted by California’s wildfires and other natural disasters, there are several legal protections to keep in mind. From worker’s compensation to evacuation, here are a few of the most important legal considerations to know.
1. Workers’ Compensation and Disability Benefits
Employees who suffer injuries due to natural disasters, such as wildfires, may be eligible for workers’ compensation if the injury occurs while performing work-related duties.
If an employee cannot work due to disaster-related injuries, they may also be entitled to short-term disability benefits from Disability Insurance (DI), depending on their employment benefits.
California Law and the Fair Labor Standards Act (FLSA) also require that non-exempt employees are compensated for all hours missed when power outages or wildfires cause work interruptions. In these cases, the time employees are restricted from the premises constitutes “hours worked.”
Just as importantly, DI also provides partial wage replacement for benefits to eligible California workers who are unable to work due to a non-work related illness, injury, or pregnancy. If you were injured in the disaster outside of work, you may still be eligible for DI benefits.
2. Paid Sick Leave and Leave Under the California Family Rights Act (CFRA)
Under California’s Paid Sick Leave Law, employees may be entitled to paid sick leave if they are unable to work due to illness, injury, or the need to care for a family member impacted by a disaster.
Additionally, employees may be eligible for leave under the California Family Rights Act (CFRA) if they need to take time off for reasons related to their serious health condition or to care for a family member affected by a natural disaster.
Related Article: Anticipated CA Labor Laws for 2024, Part 1: SB 616 & SB 848 Increase Paid Sick Leave & Reproductive Loss Leave
3. California Disaster Relief for Employees
In the event of a natural disaster, the California Employment Development Department (EDD) may offer Disaster Unemployment Assistance (DUA) for employees who are unable to work due to the disaster.
DUA benefits are typically available to workers who are not eligible for regular Unemployment Insurance benefits but are impacted by the disaster, including those who lose work due to wildfires or other natural disasters.
4. Evacuation and Safety Concerns
Employees may also have the right to take time off from work to evacuate or address immediate safety concerns during a natural disaster. In California, employees are protected under various laws that ensure they can take necessary leave for their safety without fear of retaliation or termination.
Retaliation laws also apply to employees taking time off to perform emergency duty as volunteer firefighters, reserve peace officers, or emergency rescue personnel. Still, it is more complicated than that, and I advise consulting with an attorney to determine if your volunteer work is protected.
Further, under California labor law SB 1044, employers cannot prevent employees from using mobile devices during emergencies to seek assistance, assess safety, or contact loved ones.
Employees also have the right to refuse to work or leave the workplace if they reasonably believe it is unsafe due to an emergency condition. It’s illegal for employers to prevent employees from leaving an affected work area if they reasonably believe it is unsafe.
Lastly, for employees, it’s important to always communicate your concerns about your employer and document unsafe conditions if possible.
Legal Considerations for Employers During Natural Disasters
Employers also have important responsibilities and obligations when it comes to their employees’ well-being and workplace operations during natural disasters. Understanding them is key to avoiding costly mistakes and taking care of your people. Here are legal considerations for employers.
1. Workplace Safety and OSHA Compliance
Employers have a legal obligation to ensure the safety and health of their employees under the Occupational Safety and Health Act (OSHA).
During natural disasters, employers must assess and address any potential risks to employees who must continue working, whether from smoke inhalation, flooding, or other hazards.
Employers may be required to modify their workplace safety plans and ensure employees are provided with proper personal protective equipment (PPE), such as masks or alternative work arrangements, when the Air Quality Index (AQI) exceeds 151, especially if employees are required to work in areas affected by the disaster.
Employers should conduct hazard assessments regularly and document measures taken during emergencies to ensure they are prepared.
2. Paid Leave and the California Paid Sick Leave Law
California requires employers to provide limited paid sick leave to employees, and this is especially important when employees are affected by natural disasters.
For example, if employees need to take time off to recover from disaster-related illnesses or injuries, employers must honor their paid sick leave benefits.
Additionally, during certain emergencies, employers may need to modify leave policies, such as extending paid sick leave or providing additional support.
3. Telework and Remote Work Considerations
Employers should consider whether employees can perform their duties remotely, especially if their workplace is unsafe or inaccessible due to the disaster.
In California, many employers are encouraged to have disaster preparedness plans that include telework options for employees. This can help mitigate business disruption and allow employees to continue working safely from home or other secure locations.
Employers should also consider offering personal leave of absence even if it is not legally required, as it demonstrates goodwill, supports employee recovery, and builds trust.
4. Emergency Response and Communication Plans
Employers should have clear emergency response and communication plans in place to ensure employees are informed about company policies and procedures during a natural disaster.
This includes informing employees about the status of the business (e.g., whether it is closed, what leave options are available, etc.) and ensuring there are designated channels through which employees can report their safety status and ask questions about pay, benefits, and expectations.
Employers must also notify employees of hazards affecting their health and safety, especially if evacuation orders or disaster declarations apply to their area of work.
How Employees and Employers Can Work Together
In challenging times like those brought on by the recent California wildfires, collaboration between employees and employers is key. Clear and compassionate communication is essential for maintaining trust and ensuring both parties are aware of their rights and responsibilities.
Here are some tips to help you facilitate and foster this cooperation:
- Transparency: Both employers and employees should be open and transparent about the impacts of the disaster. Employers should communicate clearly about business continuity plans, potential closures, and leave policies, while employees should inform their employers about any personal challenges they are facing.
- Flexibility: Employers should be flexible with scheduling, remote work, and leave policies, while employees should be understanding if business operations are temporarily disrupted.
- Support: Employers should consider offering additional support such as temporary financial assistance, counseling services, or other Employee Assistance Programs (EAPs) to employees who are particularly impacted by the disaster. Employees, in turn, should seek available disaster relief programs and be proactive in utilizing paid sick leave or other benefits.
Thought Leader, Media Personality, Professional Speaker, & Legal Commentator on the Legal Considerations for Employees & Employers Impacted by Recent California Wildfires and Other Natural Disasters
Understanding these key legal considerations for employees and employers impacted by recent California wildfires and other natural disasters is imperative. Enduring natural disasters like California’s wildfires requires both employees and employers to work together to navigate complex legal landscapes while prioritizing safety and well-being. Employees should be aware of their rights, while employers need to be aware of their legal obligations under Cal/OSHA regulations and labor laws. I am informed on all aspects of employment law and am uniquely positioned and qualified to provide insight and analysis on all employment law and workplace human resources issues. These issues can be complex, so you need a seasoned legal professional to shed light on them. My passion is being a beacon in uncertain times of transition that provides that light.
Employment Law Thought Leader & Professional Speaker on the Key Legal Considerations for Employees & Employers Impacted by Recent California Wildfires and Other Natural Disasters, Employment Law Trends, and Breaking Employment Law News
It is essential to understand the legal considerations for employees and employers impacted by recent California wildfires and other natural disasters. By understanding these key considerations, both employers and employees can work together during challenging times, ensuring compliance with the law while fostering mutual trust and support. I am a former employment and labor law attorney turned mediator, ADR, and conflict resolution specialist who believes it is imperative to stay current with groundbreaking changes to employment law for employees and employers alike. My passion is educating the general public on recent developments in employment law and the workplace trends that impact them as a thought leader and legal commentator. As such, I am uniquely qualified to address the issue of discussing politics in the workplace. My more than 20 years of experience as a media legal analyst and contributor led to my radio show on Tavis Smiley’s KBLA Talk 1580, “Legal Lens with Angela Reddock.” I also am a regular speaker and blogger on employment law and issues related to the workplace.
Also, learn more about my book – The Workplace Transformed: 7 Crucial Lessons from the Global Pandemic – here – https://angelareddock-wright.com/book/.
To follow and stream my Legal Lens Podcast with Angela Reddock-Wright podcast, visit here – The Legal Lens with Angela Reddock-Wright Podcast.
For media inquiries, please reach out to josh@kwsmdigital.com.
For more information regarding mediation and dispute resolution resources for both employees and employers, let’s connect on LinkedIn for new updates or contact me here. You may also follow me on Instagram.
To learn more about my employment and Title IX mediation practice, or to book me for a mediation, visit here – “Angela Reddock-Wright, Employment & Title IX Mediator at Signature Resolution”
This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.