Federal Workers’ Rights During Natural Disasters
The U.S. government has made hundreds of declarations of disasters in 2024. Natural disasters occur throughout the United States. For example, officials declared a major disaster and emergency for Hurricane Milton on October 5, 2024. Hurricane Helene also resulted in major disaster and emergency declarations in four states.
Federal workers who are affected by natural disasters have important rights. Attorney Daren Sarphie of Sarphie Law explains your rights and what you need to know if you’re affected by a natural disaster as a U.S. government employee.
Natural disasters include:
- Hurricanes
- Tropical storms/depression
- Fires
- Floods
- Severe storms
- Straight-line winds
- Tornadoes
- Winter storms
The government may declare a major disaster, emergency, fire suppression authorization, or fire management authorization. These declarations are specific to where the harm occurs.
Federal Workers’ Rights During Emergencies
Right to pay
Your right to pay if you can’t work during an emergency depends on your status as an exempt or non-exempt employee and whether you worked at all during a particular week.
Paid time off
Employers are encouraged to allow paid time off or work schedule changes to help government employees affected by natural disasters. Employees may ask to use paid or sick leave. They may ask for an advance on annual leave.
Overtime
Laws requiring overtime pay at 1.5 times the regular pay rate apply for hours over 40 worked in a week. Premium pay limitations may prevent higher-paid employees from receiving overtime pay. Agencies may require overtime from their employees. There is no limit, including a seven-day work week, but employers should make efforts to be reasonable.
Minimum wage laws
Minimum wage laws continue to apply to federal employees during natural disasters.
Pay differentials
The right to pay differentials may apply, including premiums for night shifts, holidays, and Sundays.
Leave of absence
A worker may apply for a leave of absence under FMLA, ADA, or the USERRA. Additional state and local laws may apply.
Evacuation pay
If ordered to evaluate from an area, government employers may provide advanced pay, cash payments, and expenses. There should be imminent danger to life due to the disaster, and the order to evacuate must be official. There are conditions and regulations for evacuation payments.
Layoffs
Worker Adjustment and Retraining Notification Act (WARN) notices must be provided as early as practicable in the event of a natural disaster.
Safety and working conditions
The employer’s obligation to provide a safe workplace environment doesn’t lapse during a natural disaster. An employer must comply with safety requirements.
Pay and Benefits for Federal Workers During Natural Disasters
Whether the employee will continue to receive pay following a natural disaster depends on whether the employee is exempt or non-exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime requirements. FLSA requirements continue to apply during a natural disaster and are not waived.
A non-exempt employee is paid for hours worked. If they can’t work because of a natural disaster, they aren’t entitled to pay. If an employee receives a fixed salary with a schedule that fluctuates, they must be paid for the entire week if they work at all. In addition, you must be paid if you’re on call or waiting for work. The on-call requirement applies whether the person is waiting on-site or elsewhere.
FLSA-exempt employees must be paid in full if they work at all during the week. If an employee doesn’t work at all, the employer doesn’t have to pay them.
What about volunteers? Do they have the right to pay for help after a natural disaster?
Federal workers who volunteer for government relief efforts do not have the right to compensation if they work freely without promise of pay and are not otherwise employed by the agency they volunteer for.
Do federal employees get hazardous duty pay during a natural disaster?
General Schedule (GS) employees may receive hazardous duty pay (HDP) or environmental differential pay (EDP) for extreme working conditions. This does not apply if the hazards are already considered in regular pay classification.
What is the Emergency Leave Transfer Program?
Government officials may establish an Emergency Leave Transfer Program (ELTP) where employees may donate their annual leave to other employees adversely affected by a natural disaster.
Disaster Unemployment Assistance (DUA)
Federal workers may qualify for Disaster Unemployment Assistance (DUA) benefit payments. In these cases, workers must not be able to work because of the disaster or because of an injury caused by the disaster. Pay is available only for periods of unemployment during the Disaster Assistance Period (DAP).
Workers’ Compensation Claims for Injuries Sustained During a Disaster
Federal workers who are injured during or following a natural disaster have the right to workers’ compensation benefits. Officials may create special procedures to make benefits more accessible.
Leave and Time Off for Federal Workers During Disasters
A government employer may choose to offer leave because of a natural disaster. Terms may vary.
What about teleworking, remote, and work-from-home?
An employer may require federal workers to telework if the employees already participate in teleworking and the worksite is functional. The worker may request weather and safety leave without or without pay, as appropriate.
What if a government worker is already on leave during a natural disaster?
For government workers on leave when a natural disaster strikes, they stay on the leave they were granted until their scheduled return date.
Can the federal government put workers on furlough because of a natural disaster?
A long-term shutdown due to a natural disaster may result in furloughs of federal employees. There are exceptions to the usual procedure when the furlough is due to a natural disaster.
Legal Recourse for Federal Workers Denied Rights During Disasters
If you haven’t received a paycheck because of a natural disaster or if you have questions about pay, call the U.S. Department of Labor Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243). You may file a complaint with OSHA regarding working conditions. An attorney can assist you with other remedies.
Have your rights been denied as a federal worker during a natural disaster? Contact an attorney.
At Sarphie Law, we represent federal workers. Contact us for a free attorney consultation and get legal help now.
