There is no obligation under Irish law for employers to pay employees that cannot attend work due to severe weather conditions. Payment is at the discretion of the company for absence due to severe weather events. The company holds the right to request that days absent in these circumstances be taken as annual leave or unpaid time off.

The legal position in Ireland is that if an employee does not attend work they will not be entitled to pay. Employers may choose to pay employees for such absences or they may come to another alternative arrangement.

Such possible alternatives may include:

It is important to be aware of any custom and practice currently within the company. Employers are encouraged to take the overall view of the working relationship, and recognise a concern for the wellbeing of their employees, treating them fairly leads to a better working environment which in turn is beneficial to both employees and employers. For example, you may need to consider situations where employees make efforts to get into work and are delayed or must leave early due to limited public transport or a change in road conditions.

For workplaces that remain open, employers have a duty to ensure a safe place of work in so far as possible. Employers should try to reduce any issue to employee safety because of snow and ice or fallen trees, for example. Employers may be required to clear the areas around the premises such as car parks and footpaths. This is to reduce liability for any personal injuries to employees.

The safety of employees is paramount always. If an Employer cannot open the business premises for a long period of time due to severe weather or any damage to premises due to the weather, an Employer can place employees on a period of temporary ‘layoff’. If an employee is laid-off then the Employer is not obliged to pay the employee. It is important to note that the employee must be informed that they are on a period of ‘layoff’ and have the option of claiming social benefit during this period.

Generally severe weather events may only last for a short time, but the safety of employees is of utmost importance and as a result, employer flexibility is necessary. As an employer, you may need to gauge situations where employees make an effort to get into work and are delayed or have to leave early due to limited public transport / icy roads etc.

We highly recommend Employers to include a Severe Weather Policy to your employee handbook to ensure you are compliant with best practises.

Employers should take a long term view in relation to any severe weather event and recognise that demonstrating concern for their employees and treating them fairly leads to a better working environment which is beneficial to both employees and employers.

Employers should also consider situations where weather conditions deteriorate during the working day and the Company decides to close, an employee could argue that they are willing and able to work and the decision to close was the Company’s. In circumstances where the Company make the decision to close in the middle of the working day, employees should be paid for the full day. In certain cases it may be possible for employees to work from home rather than having to travel to Company premises, in these circumstances the Working from Home Policy should be followed.