Natural disasters like floods and hurricanes always raise questions about jobs and your paycheck. What if you can’t get to work safely? Will you be paid if your office is closed?
After Hurricane Beryl one viewer asked “Can employers force you to use paid time off for time they were closed and without power due to Hurricane Beryl?”
We took that question to employment attorney Rogge Dunn, with the Rogge Dunn Group.
“For exempt employees, so not hourly workers. Yes, employers can say that you have to use PTO. Sick leave. Whatever they call that PTO time. Even if the business was closed, they can force you to use PTO,” explains Dunn. “If the employer is open for any portion of a week, then the employer has to pay the exempt employees for the full week.”
Dunn highly recommends that people set up direct deposit so if a company is closed they can still send you a paycheck.
For hourly workers, if the company is closed employers do not have to pay them. Hourly employees are only paid for the time they work.
CONTACT: U.S. Department of Labor
You can call or visit any Wage and Hour Office to ask about the laws or file a complaint. You can also call our toll-free help line:1-866-4USWAGE (1-866-487-9243). Monday to Friday 8:00 a.m. to 4:30 p.m. local time.
Can I get help for money I didn’t make during the hurricane because I couldn’t work?
“There is unemployment insurance available then you would contact the Texas Workforce Commission, also known as the TWC. And you can go online and they do have an 800 helpline number, as well as questions that you can pose online, and check to see what benefits that the Texas Workforce Commission may provide to employees who aren’t paid because of a natural disaster,” said Dunn.
CONTACT: Texas Workforce Commission
The Texas Workforce Commission announced Disaster Unemployment Assistance (DUA) is available for workers and self-employed individuals affected by Hurricane Beryl. This follows the Presidential Disaster Declaration issued on July 9.
Residents of the following counties who have been unable to work due to hurricane-related damage may be eligible for DUA benefits: Brazoria, Chambers, Galveston, Harris, Jackson, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Orange, Polk, San Jacinto, Walker, and Wharton.
You may be eligible for DUA if one of the following occurred as a direct result of the disaster:
- You had a week of unemployment following the date the major disaster began, and
- You lost your job, which was more than 50% of your total income, or
- You live in, work in, or travel through the disaster area, or
- Your place of employment was damaged or closed, or
- You were scheduled to start work but the job no longer exists or you can no longer reach the new job, or
- You suffered injury or incapacitation, or
- You became the breadwinner or major support of the household due to the death of the head of household.
DUA is available only during the Disaster Assistance Period, which begins with the first Sunday following the date that the major disaster is declared. Federal Emergency Management Agency (FEMA) and DUA regulations determine when the Disaster Assistance Period begins and ends. Claimants must file their initial applications for DUA within 60 days of the presidential declaration of the disaster.
Check for specifics on who can apply for the benefits here.
Do you have a question for Amy? Email AskAmy@kprc.com.