With all the snow and bad weather we seem to be getting lately across the country, the question of Snow Day pay came to mind. Our friends at Nannies from the Heartland and Breedlove & Associates have come up with the answers to the question: Should I be paid for Snow Day’s or not?
Snow Day Pay
This case puts the spotlight on a little-know aspect of employment law: how is a family supposed to handle a snow day?
• When the nanny received her paycheck and saw that two full days of pay were missing, she called her employer to see if a mistake had been made.
• The employer argued that she should not have to pay for hours not worked – regardless of the reason. (The employer was emboldened because she and her husband had been able to get into work those days and they had paid a babysitter to fill in for the absent nanny).
• This greatly upset the employee because she was under the impression that she was guaranteed her salary, regardless of hours.
• The disagreement between the family and the nanny continued to escalate, because both parties felt their respective positions were justified. Finally, the employer and employee called Breedlove & Associates to learn the law and “get a formal ruling.”
How the Whole Thing Could Have Been Avoided
If you have additional questions, please call 888-BREEDLOVE (273-3356) or visit www.breedlove-online.com
This case illustrates the importance of employment agreements and employment law guidance within the placement process. Neither the family nor the nanny had these foundational elements in place. We explained the law and the sensitivities. In the absence of an employment agreement, the law favored the family. But the appeal to decency (and employee retention) motivated the employer to pay for the two snow days.According to the Fair Labor Standards Act (FLSA), employers ARE NOT REQUIRED BY LAW to pay employees for missed work caused by inclement weather or other acts of nature. That is true whether the employee is paid on a salary or an hourly basis.
Let us know … are you paid for snow days or not? How do you work it with employer if bad weather disrupts your work day?