Adverse Weather and Emergency Closing

Policy 602.26

Definitions

Adverse Weather

Weather events that may prevent some employees from reporting to work but do not necessitate the closing of facilities or curtailing of operations.

Emergency Closing Conditions

Conditions that necessitate interruption of all or a portion of University operations. Conditions that may be hazardous to life or safety and that may warrant closing of the University include, but are not limited to: catastrophic life-threatening weather, fire, equipment failure, disruption of utilities, contamination of hazardous agents, terrorist acts or forced evacuations of a work site.

Critical and Essential Employees

Employees who are required to work during Adverse Weather or Emergency Closing Conditions because their positions have been designated by the University as critical or essential to the University's operations during such conditions. Please refer to the Critical and Essential Staff Policy.

Policy and Procedure Statements

Adverse Weather

1. In the event that adverse weather conditions are present but the University is not closed then employees will have the option of using Adverse Weather leave.
2. The employee will notify their supervisor has soon as reasonably possible of delay or not reporting to work because of adverse weather conditions.
3. Employee will have the option of using vacation, bonus, compensatory, LWOP, or adverse weather leave to cover this time.
4. If using adverse weather leave the employee will:
   1. Code this time as MSW time on the timesheet
   2. As time is made up, this time should be recorded as AWW time on the timesheet
   3. Since there are few opportunities for time to be made up without employee's working more than 40 hours during a workweek, then the supervisor will make arrangements for the employee to make up the time preferably during the workweek in which the time was lost, or limited to a workweek where a employee will not work a full work due to absences such as holidays, vacation sick, leave civil leave, etc.
   4. The supervisor must prior approve all make-up time.
   5. If the adverse weather leave is not made up within 12 months from the occurrence then the remaining balance will be charged to appropriate leave categories or if no leave is present then negative leave balance will be docked from employee's next paycheck.
5. Supervisors may allow employees to work from home or assign them to alternative work sites during adverse weather so no time is lost. The supervisor has the sole discretion in determining which jobs and duties qualify for this designation.

Notification of Emergency Closing Conditions

4.2.1 The Chancellor or the Chancellor's designee will determine when Emergency Closing Conditions exist. The Office of Public Affairs has the responsibility for publicizing the Chancellor's decision. Delay, closing and resumption announcements will be made available on the University's website, Appalnet, campus email and on local radio and regional television stations. A recorded message announcing any delays or closing will be available at (828) 262-SNOW.

4.2.2 A notification that all classes are cancelled means no class will be held on the day or night indicated. Such notice will state the expectations for staff employees. Announcements of class delays will specify the time of day at which classes will resume meeting at their regularly scheduled times. Such delay notice will state the expectation for staff employees. A notification that the University is closed means all classes and other educational activities are cancelled, and only Critical and Essential Employees are expected to report as outlined in the Critical and Essential Staff policy.

Critical and Essential Employees During Emergency Closing Conditions

4.3.1 Critical and Essential Employees are expected to report for or remain at work during Emergency Closing Conditions unless instructed otherwise.

4.3.2 Critical and Essential Employees that report to work during Emergency Closing Conditions will be granted paid time off on an hour for hour basis for all hours worked. This time must be used within twelve months after it is earned. Supervisors will make every reasonable effort to schedule leave earned under this policy. Such leave should be used after compensatory leave, if applicable, but before vacation leave or sick leave.

4.3.3 For Critical and Essential Employees subject to the Fair Labor Standards Act (the "FLSA"), if hours worked during Emergency Closing Conditions produce an overtime situation, the Overtime and Overtime Compensation policy will apply.

4.3.4 As outlined in the Critical and Essential Staff policy, a Critical and Essential Employee's failure to report to work during Emergency Closing Conditions may result in disciplinary action and/or the charge of hours missed from work against accrued leave balances, as deemed appropriate by the employee's supervisor. If conditions cause a Critical and Essential Employee to arrive late, the Critical and Essential Employee's supervisor may determine the conditions justified the late arrival. If deemed justified, the lost time will not be charged to the employee's leave balances or to leave without pay and no disciplinary action will be taken.

Employees Other Than Critical and Essential Employees During Emergency Closing Conditions

4.4.1 Employees not designated as Critical and Essential Employees are not required to charge leave or make up time missed during Emergency Closing Conditions.

Critical and Essential Employees During Adverse Weather

4.5.1 A Critical and Essential Employee's failure to report to work or delay in reporting to work during Adverse Weather may result in disciplinary action. However, when conditions make travel too dangerous or hazardous, the Critical and Essential Employee's supervisor may determine circumstances justified the Critical and Essential Employee's failure to report to work or delay in reporting to work. If the supervisor determines the failure to report or delay in reporting is justified, the Critical and Essential Employee will have the option of utilizing the appropriate leave or making up the time as allowed non-critical and essential employees and as described in Section G below. In addition, the supervisor may allow the Critical and Essential Employee to work from home or assign the employee to an alternative work site during Adverse Weather so that no time is lost.

Employees Other Than Critical and Essential Employees During Adverse Weather

4.6.1 It is the responsibility of the employee to make a good faith effort to report to work during Adverse Weather. However, an employee is permitted and encouraged to utilize leave privileges when encountering difficulty in reporting for work or when leaving work early due to Adverse Weather. The employee should notify his/her supervisor as soon as reasonably possible of any delay in reporting to work or inability to report to work due to Adverse Weather. The supervisor may allow the employee to work from home or assign the employee to an alternative work site during Adverse Weather so that no time is lost.

4.6.2 SHRA employees will have the option of using vacation leave, bonus leave, or compensatory leave, or taking leave without pay or making up time to cover the time away from work due to Adverse Weather. Where operational needs allow, supervisors will make reasonable efforts to arrange schedules whereby SHRA employees will be given the opportunity to make up time not worked due to Adverse Weather rather than charging it to leave. For a SHRA employee subject to the FLSA, makeup work must be limited to the workweek in which the time was lost or a week when the employee has not worked a full work schedule due to such absences as holidays, vacation, sick leave, civil leave, etc. A SHRA employee subject to the FLSA must have advance approval from his/her supervisor before making up time. If a supervisor of an SHRA employee subject to the FLSA determines there is a bona fide need for work in excess of forty hours in a given week, a SHRA employee subject to the FLSA may apply compensatory time earned for the work in excess of forty hours to any adverse weather leave balance. Supervisors must use extreme care in determining when overtime is justified, and a decision to require overtime shall be based on the same criteria as used when adverse weather conditions are not an issue. Time must be made up within twelve months of the occurrence of the absence. If time is not made up within twelve months, the appropriate leave must be charged. A SHRA employee who volunteers to make up time on a holiday will not receive holiday premium pay or equal time off with pay.

4.6.3 EHRA non-faculty employees should use vacation leave or vacation bonus leave, if applicable, to cover the time away from work due to Adverse Weather; provided, however, that upon approval of an EHRA non-faculty employee's supervisor, an EHRA non-faculty employee may be given the opportunity to make up the time away from work due to Adverse Weather and, thus, not required to use vacation leave. Time must be made up within twelve months of the occurrence of the absence. If time is not made up within twelve months, the appropriate leave must be charged.

Contact Information

Office of Human Resource Services, 828.262.3186