CHARLOTTE — Employees in North Carolina have reported being penalized for absences during an ice storm on Jan. 22 and 23, with some using vacation days to ensure they received pay.
Numerous workers commented online about receiving demerits under a point system due to their absences.
Some employees, however, were encouraged to stay home or were excused from work with pay, indicating varied employer responses to the inclement weather.
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Morris McAdoo, an attorney well-versed in employment law, explained that North Carolina is an at-will state.
“If, in fact, it’s within the normal schedule and that is part of your job and duties, because of the weather, there are no protections that I’m aware of,” McAdoo said.
He emphasized that employers have the discretion to enforce attendance policies related to weather-related absences, stating, “When to come in, when to honor a weather day, or a holiday, it’s mostly up to the employer.”
McAdoo noted that even complications such as car breakdowns or suspended public transportation, which were notably affected during the storm, do not exempt employees from required attendance.
“Just the fact that the public transit is down or your ability to receive transportation somehow has been taken away, you still have to perform the essential functions,” he said.
The terms for those who are part of a protected class are more stringent, as McAdoo added, “Let’s say you have accommodation because of a disability, there are certain laws that protect those individuals.”
Comments on Channel 9’s social media evidenced frustration from many employees regarding their employers’ policies in response to the storm.
The varied responses from employers underscore the challenges faced by workers in navigating attendance policies during extreme weather events.
Legal experts continue to emphasize the implications of at-will employment in North Carolina, capable of impacting many workers.
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