Being Late to Work Due to the Weather: Are You Entitled to Pay?

Quick Overview: When You Can’t Get to Work on Time Due to the Weather

• A delay in a train, bus, or public transportation may be considered a valid excuse for missing work if it was unforeseeable and there was no other reasonable way to get to work.
• In such cases, an employee is entitled to time off work for as long as is strictly necessary.
• As a rule, you are not entitled to compensation for lost wages or salary.
• You must notify your employer of the obstacle as soon as possible and subsequently provide proof of it.
• A traffic jam while traveling by private car does not automatically constitute a legally valid obstacle to work.

In short: If an unexpected delay or disruption in public transportation prevents you from getting to work and you have no reasonable alternative means of reaching your workplace, this constitutes an excused absence under the Labor Code and the government regulation governing other important personal obstacles to work. Your employer will grant you time off for as long as is strictly necessary, though typically without pay. It is not the bad weather itself that is decisive, but the specific reason why you were unable to arrive at work on time.

If your employer has classified your absence as unexcused, issued a reprimand because of it, or is threatening to terminate your employment, we can assess whether they are acting in accordance with labor law and how you can defend yourself.

When Is Being Late to Work Due to Weather Considered Excused?

Snow, black ice, or a storm do not automatically mean that an employee does not have to come to work. What matters is how the weather prevented or delayed the commute to work.

The government regulation governing other important personal obstacles to work explicitly provides for cases involving:

• an unforeseen interruption in public transportation or
• a delay in public transportation.

At the same time, it must be the case that the employee could not have reached the workplace on time by any other reasonable means.

A typical situation might be a natural disaster during which train service is suspended for several hours and no reasonable alternative transportation is available.

Example: The train was delayed for two hours due to snow

Jana commutes by train every morning. A large amount of snow falls overnight, and in the morning, the rail carrier suspends service on the line due to fallen trees. There is no bus service in that area, and traveling by any other means would not be realistically possible.

If Jana notifies her employer of the situation without undue delay and subsequently provides proof—such as a notice from the carrier regarding the suspension of service—this may be considered an obstacle to work on the employee’s part.

Is an employee entitled to wages in the event of a delay?

In most cases, no.

If an employee fails to arrive at work on time due to an unforeseen disruption in transportation or a delay in public transportation, they are entitled to time off without pay, but only for the absolutely necessary period.

Therefore, the question “Is an employee entitled to pay when late?” cannot be answered simply by saying that it is an excused absence. An excused absence does not automatically mean paid time off.

Of course, the employer may choose to be more accommodating. For example, the employer may allow:

• making up for the missed time,
• the use of flexible work hours,
• working from home, if the nature of the work permits it,
• or, upon agreement with the employee, taking vacation time.

However, this depends on the specific situation, working conditions, and the agreement between both parties.

What if I’m driving to work and get stuck in the snow or in traffic?

Here, the situation is more complicated.

The rule regarding time off from work specifically refers to unforeseen disruptions in traffic or delays in public transportation. Therefore, it cannot be automatically assumed that every traffic jam, icy road, or slow drive in a personal vehicle gives rise to the same entitlement to time off work.

For example, if meteorologists warn of heavy snowfall several days in advance, it may also be considered whether the employee could have reasonably anticipated the situation and adjusted their travel plans accordingly.

In practice, therefore, we recommend not relying solely on the argument that “the weather was bad.” It is essential to describe the specific obstacle to the employer and, if necessary, provide evidence as to why it was not possible to arrive on time or by any other reasonable means.

Do I have to inform my employer about the delay?

Yes.

If an employee is aware of the obstacle in advance, they must request time off from work from their employer in a timely manner. If the obstacle arises unexpectedly—for example, during the morning commute to work—the employee must inform the employer without undue delay and also specify the expected duration of the obstacle.

Furthermore, the employee is required to provide proof of the obstacle to the employer.

In practice, therefore, don’t wait until you arrive at the office two hours later. As soon as you realize that the train has stopped and you won’t make it to work on time, text or call your supervisor.

Depending on the circumstances, evidence may include, for example, a confirmation from the transit provider, information about the disruption on its website, or other documentation of the service interruption or significant delay.

Can my employer order me to take vacation time instead of excusing my tardiness?

They cannot simply declare retroactively: “You didn’t come to work today because of the snow, so you’re on vacation.”

While the employer generally determines when vacation is taken, they must notify the employee in writing at least 14 days in advance, unless both parties agree on a shorter notice period. Furthermore, for other obstacles to work on the employee’s part, the employer may only schedule vacation at the employee’s request.

Therefore, if an employee gets stuck on a train in the morning and meets the conditions for a legally recognized obstacle to work, the employer cannot unilaterally “reclassify” this time as vacation without further ado.

However, the employee may agree with the employer on taking vacation or another practical solution.

Summary

Arriving late to work due to weather conditions may constitute a work-related obstacle on the part of the employee, but this does not automatically apply to every snowfall or traffic disruption. If there is an unforeseen disruption to transportation or a delay in public transportation and the employee cannot reach the workplace by any other reasonable means, the employee is entitled to time off for as long as is strictly necessary. As a rule, however, they will not receive wage compensation. They must inform their employer of the situation without undue delay and subsequently provide proof of the impediment. Furthermore, the employer cannot simply retroactively reclassify the impediment as vacation time without meeting the legal requirements.