How to manage employee absence due to bad weather

The inclement weather currently hitting Italy means employees who use public or other means of transport may well have difficulty getting to and from work. Employers may well be asking what to do when employees are absent or late to work due to inclement weather: are the absences authorized and what about the pay issue?

02 March 2018

Publication

Are bad weather absences considered authorized absences?

Private sector companies may continue “business as usual” even if local authorities prohibit the circulation of private transport without snow chains or winter tyres and/or order the closure of public offices. However problems arise if employees are unable to get to work because of bad weather. In that case, the absence is due to force majeure so cannot be recorded as an unauthorized absence and disciplinary sanctioned. Irrespective of whether there are road closures or public office closures, absences due to inclement weather will not be recorded as an unauthorized absence provided that affected employees:

  • promptly inform the company that they are unable to get to the office and will be absent, and
  • explain the reason why (ie road closures, public transport blocks).

Pay issues

Adverse weather absences do not need to be remunerated. The employee is not required to work and likewise the employee is not required to pay employees who are unable to get to work.

National collective bargaining agreements confirm this. The NCBA for the commercial sector expressly states that employees are not entitled to remuneration if they are absent due to circumstances beyond their control such as natural disasters, adverse weather conditions or other force majeure events.

Remote working

It's worth considering a more flexible approach to matters such as location for companies that use the new Smart Working system. In the event of bad weather absences, a company could allow employees to work from home/remotely if all or most of their work is done using a computer with an internet connection.

Having an adverse weather policy

Employers should also consider the impact of deducting pay on productivity and employee morale in the long run in these circumstances, especially if the weather makes it impossible to get to the workplace through no fault of the employees. In any case having an inclement weather policy ensures total transparency for employees when bad weather absences occur.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.