Facing a natural disaster and picking up the pieces afterwards is beyond overwhelming. If you have employees directly affected by a natural disaster such as a flood, tornado, wildfire, earthquake or a hurricane, chances are these individuals are not thinking about work. However, getting back to work is an important part of getting back to normal for many victims. As an employer, you can and should provide as much support as possible during this devastating time.
H. Mark Adams is an attorney with Jones Walker LLP in Louisiana and an editor of the Louisiana Employment Law Letter.He experienced Hurricane Katrina in 2005, and put together a guide for employers that still resonates today as people are picking up the pieces after Hurricane Ian hit the state of Florida last week causing catastrophic damage.
The guide offers several tips for employers. Among them:
- Communicate with employees as soon as possible after a disaster to let them know the company’s status and plans.
- Keep the company’s leadership visible so that employees know who is in charge of each part of the employer’s response or recovery efforts.
- Give managers and supervisors the tools they need to help employees cope with the effects of a workplace crisis. Educate them about the possible effects employees may experience. At a minimum, managers and supervisors should know to refer affected employees to an employee assistance program.
- “Cut employees some slack.” Employees may need time to get their personal lives in order, so employers may need to revisit leave policies and benefits to determine whether the nature of the crisis warrants a revision or extended leave or benefits. But make sure to apply policies uniformly.
- Help employees tend to their personal affairs. Employers may want to consider setting aside an office with a phone and internet access to allow employees to take care of private personal matters during breaks.
- Get involved in community relief efforts and allow employees to participate.
- Develop or update disaster response and recovery plans with any lessons learned.
Even if your business is in area not directly affected by the disaster, consider getting involved by allowing employees to take paid leave time or even take time that does not count against their paid time off to help with relief efforts. However, federal and state laws can come into play when employees take time to help communities recover so make sure to consult with your legal team. You may also want to offer employees a way to donate money and/or time to relief efforts, but you also need to consider legal implications. Organizing a blood drive is another fantastic way to help the community.
In addition to issues related to pay and volunteering under the Fair Labor Standards Act (FLSA), employers need to consider a host of other laws, among them, the Family and Medical Leave Act (FMLA). Also, the general duties clause of the Occupational Safety and Health Act means employers will have to make sure they are bringing employees back into a safe workplace.
For more on the requirements of laws including the FLSA, FMLA, Americans with Disabilities Act, and the Uniformed Services Employment and Reemployment Rights Act, which protects employees serving in the National Guard or Reserve units, see “HR Issues that Arise when Natural Disasters Hit.”
Employers should keep in mind that the community may be suffering unimaginably with lost homes, downed utilities, casualties, and transportation issues. While getting back to business helps a community rebuild compassion, understanding and kindness can go a long way with helping employees and individuals to heal.
