Legislative Update -- Reporting for Work During a State of Emergency

April 23, 2002

For those employers who remain uncertain as to how to treat employees who call off from work due to a state of emergency, the Pennsylvania Legislature has recently passed legislation that prohibits disciplining or terminating these employees in certain situations.

Act 22, titled Employee’s Failure to Report to Work During a State of Emergency, specifically prohibits an employer from disciplining or terminating an employee for failing to report for work during a state of emergency as declared by the Governor. However, employers are not obligated to pay employees for a workday on which the employee fails to report due to road closures. While the statute might be most applicable during upcoming inclement winter weather, it is not limited to snow or ice conditions. In fact, the Act specifically dictates that an employee’s failure to report to work must be due to a closure of the roads either in the county where he or she resides or in the county of the employer’s place of business. Accordingly, the Act would apply if the Governor declares a state of emergency that results in the closure of roads in the appropriate counties.

For violations of this law, employees have the right to bring a civil action against the employer within the ninety (90) day statute of limitations. If successful in bringing such a suit, the employee is entitled to an injunction ordering the employer to revoke the disciplinary action or penalty and, if necessary, to reinstate the employee. Employees are also entitled to damages in the amount of wages and benefits lost, as well as court costs and reasonable attorneys’ fees.

It is important to note that this Act is not applicable to a wide range of employees, including the following:

Drivers of emergency vehicles
Essential corrections personnel
Police
Emergency service personnel
Hospital and nursing home employees
Pharmacists
Essential healthcare professionals
Public utility personnel
Employees of television stations engaged in gathering and disseminating news
Oil and milk truck delivery personnel
Road crews

Unfortunately, the law provides no guidance or definitions as to who would be considered “essential” corrections personnel or healthcare professionals, so caution should be exercised in disciplining such employees for failing to come to work under these special circumstances.

For more information, please contact jmcdermott@cohenlaw.com.