Employee Rights During Inclement Weather in Ontario
Severe weather is becoming more common in Ontario. Snowstorms, freezing rain, floods, and extreme cold can make it difficult — or unsafe — to get to work.
If you’re an employee, you may be wondering:
- Can I refuse to go to work during bad weather?
- Do I get paid if my workplace closes?
- Can my employer discipline me for staying home?
- What if I have children and school is cancelled?
Here’s what Ontario employees need to know about their rights during inclement weather.
What Counts as Inclement Weather in Ontario?
Inclement weather generally includes conditions that make travel unsafe or impossible, such as:
- Heavy snowfall or whiteout conditions
- Freezing rain or ice storms
- Flooding
- Extreme cold warnings
- Widespread power outages
Can You Refuse to Go to Work During Bad Weather?
Yes — in certain situations.
Under Ontario law, you may have the right to stay home if:
- Travelling to work would be dangerous
- Roads or transit are shut down or unsafe
- Weather conditions create a real safety risk
- Your job can’t be performed safely in those conditions
Can Your Employer Discipline You for Not Coming In?
Generally, no — not if your decision is reasonable.
Discipline or termination may be unlawful if:
- You acted in good faith
- You communicated clearly with your employer
- Weather conditions were genuinely unsafe
- Others were similarly affected
Do You Get Paid If You Miss Work Due to Weather?
It depends on the situation. Missing work due to unsafe weather does not automatically eliminate your right to protection from discipline — even if pay isn’t owed.
You may be paid if:
- Your employer closes the workplace
- You were scheduled and ready to work
- Your employment contract guarantees pay
You may not be paid if:
- The workplace remains open
- You can’t safely attend
- There’s no paid weather policy or paid leave available
What If Your Employer Closes the Workplace?
If your employer shuts down due to weather:
- Some employees must still be paid (depending on role and contract)
- Salary employees are often treated differently than hourly workers
- Employers can’t force unpaid leave unless permitted by law or contract
These situations are highly fact-specific — and often mishandled.
Do You Have Rights If You Have Children and Schools Are Closed?
Yes. This is where human rights law becomes important.
If you must stay home due to unexpected school or daycare closures, your employer may have a duty to accommodate family status — up to the point of undue hardship.
Accommodation may include:
- Remote work
- Adjusted hours
- Temporary flexibility
- Use of available leave
Automatically disciplining a parent in this situation can be discriminatory.
Lior Samfiru, national co-founding partner at Samfiru Tumarkin LLP, discussed the rights that working parents have during snow days with Global News’ Jesse Reynolds — 📺 Watch the Global News interview
Are You Required to Work Remotely During Inclement Weather?
Only if:
- Your job can reasonably be done remotely, and
- Your employer provides the tools and access, and
- You are capable of working safely from home
Employers can’t assume remote work is always possible — and employees can’t be forced into unpaid “on-call” arrangements.
What to Do If Inclement Weather Prevents You From Working Ontario
If severe weather affects your ability to work:
- Notify your employer as early as possible
- Explain the safety issue clearly
- Ask about remote work or flexibility
- Document communications
- Do not assume discipline is lawful
Can You Be Fired for Missing Work Due to Inclement Weather?
Termination may be illegal if it’s based on:
- Safety concerns
- Weather emergencies
- Family obligations triggered by closures
- Discriminatory or retaliatory motives
When to Get Legal Advice
You should get legal advice if:
- You were disciplined or fired after missing work due to weather
- Your employer refused reasonable accommodation
- Pay was withheld improperly
- You were told “you have no rights”
These cases are often stronger than employees realize.
FAQs About Employee Rights During Inclement Weather in Ontario
Can I refuse to go to work during bad weather in Ontario?
Yes. If travelling to work would be unsafe due to severe weather, Ontario employees may refuse to attend work without discipline, as long as the decision is reasonable and communicated clearly.
Can my employer discipline me for missing work because of a snowstorm?
Generally no. Employers can’t discipline or fire employees for staying home due to legitimate safety concerns caused by inclement weather.
Do I get paid if I miss work due to inclement weather in Ontario?
It depends. You may be paid if the workplace closes or your contract guarantees pay. If the workplace remains open, pay is not automatic — but penalties or deductions must still be lawful.
What if my child’s school is closed due to bad weather?
Employers may have a duty to accommodate family status under Ontario human rights law. Discipline without accommodation may be discriminatory.
Can I be fired for not coming to work during extreme weather?
Termination related to safety concerns, family obligations, or emergencies may be illegal. Even if fired, you may still be owed severance pay.
Speak to an Ontario Employment Lawyer
If you were disciplined, fired, or lost pay after missing work due to dangerous weather conditions, your employer may have violated Ontario employment or human rights law.
An experienced Ontario employment lawyer at Samfiru Tumarkin LLP can review your situation and explain your options — including whether you’re owed compensation or severance pay. Our team has helped more than 50,000 non-unionized employees enforce their workplace rights when employers fail to follow the law.