Labor & Employment Law Blog

The FAQs address various questions and concerns facing workplaces during this critical time, such as: 

• The “special rights” that employees have during emergency conditions, including that employers cannot require employees to report to, or prevent employees from leaving, a work area if they reasonably believe it is unsafe; and that employees have the right to use their cell phones at work to access emergency assistance, assess the safety of a situation, or to confirm others’ safety. 

• Employees, even those who are not agricultural employees covered by SB 1105’s sick leave expansion regarding smoke conditions, may use paid sick leave if avoiding wildfire smoke constitutes “care” of an existing health condition or “preventative care” for the employee or a covered family member. 

• Employees may be eligible for State Disability Insurance (SDI) income replacement benefits through the Employment Development Department (EDD), if the employee has a non-work-related illness or injury caused by the wildfires, such as stress, burn injuries, or smoke inhalation, or if a high air quality index or smoke exposure presents a health risk to the individual or their baby during pregnancy.  Employees may also be eligible for Paid Family Leave (PFL) income replacement benefits through the EDD, if they are caring for a covered family member injured in the wildfires. 

• Employers cannot require employees to work in areas that are under mandatory evacuation orders. 

• The circumstances under which employees are entitled to compensation during work interruptions caused by power outages and wildfires. 

• The protections available to employees who take time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. 

• The fact that hazards may continue in impacted areas even after the fires are extinguished, leading to requirements to provide appropriate protective equipment and training. 

Employers with questions about any of the above issues or other matters relating to the wildfires may contact the authors of this post or their usual counsel at AALRR.

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

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