Can I Stay Home From Work When the Weather Is Dangerous?

Written on behalf of Peter McSherry

Ontario winters can be unpredictable. Snow squalls, freezing rain, whiteouts, and flooding can turn a normal commute into a genuine safety risk. Employees often ask the same question in these situations: Can I refuse to go to work without being disciplined or fired?

In Ontario, there is no universal “snow day” right that automatically lets every employee stay home whenever the weather is bad. Your rights depend on why you can’t safely attend, what the employer is asking you to do, and which legal protections apply (Employment Standards Act leave protections, health and safety law, human rights accommodation, employment contract terms, and workplace policies).

Are You Required to Attend, No Matter What?

In many workplaces, the default expectation is simple: if you are scheduled, you attend. But severe weather complicates that assumption because it can create:

• A health and safety issue (for example, unsafe working conditions or dangerous travel required by the job)
• A declared emergency scenario (where special job-protected leave can apply)
• A human rights accommodation issue (where a disability or family status need makes attendance unsafe or unreasonable)
• A contract or policy issue (remote work flexibility, “inclement weather” policies, paid days, make-up time)

Before focusing on any one category, confirm two facts:

First, is the workplace open and expecting attendance, or has the employer closed the workplace (or moved people to remote work)? Second, is your absence due to the commute, the workplace conditions, or both?

Those two details usually determine which legal framework matters most.

Declared Emergency Leave: When the Province (or a Municipality) Declares an Emergency

Ontario’s Employment Standards Act (the “ESA”) includes a specific job-protected leave called declared emergency leave. It applies when an emergency is declared under Ontario’s emergency management legislation, and the employee can’t work for reasons related to that emergency. The leave is unpaid but job-protected.

Key Points for Employees

A declared emergency leave does not require you to take the leave in one uninterrupted block. It can be taken in part days, full days, or longer periods, depending on what the emergency requires.

You still have obligations. Generally, you must tell the employer you are taking the leave (and if you start the leave before you can notify them, you must tell them as soon as possible). Employers can also request reasonable evidence that you are entitled to the leave.

What This Means in Real Weather Events

Declared emergency leave is most likely to matter when an official emergency is declared (which sometimes occurs during extreme storms, flooding, or other disasters). If there is no emergency declaration, the leave may not apply—even if conditions feel dangerous.

Because the leave is linked to a formal declaration, it is not the tool most employees rely on for routine “bad weather” days. But when it applies, it is a vital protection because it is explicitly job-protected under the ESA.

Health and Safety: Unsafe Work and the Right to Refuse

Ontario’s Occupational Health and Safety Act (OHSA) gives most workers the right to refuse work in certain circumstances where they have reason to believe work is likely to endanger them or another worker. The process is formal: the worker must report the refusal, the employer investigates, and (if unresolved) the matter can escalate.

This can matter during extreme weather in at least two ways.

Unsafe Workplace Conditions

If the workplace itself is unsafe due to weather (for example, ice hazards that aren’t addressed, unsafe access points, or other conditions that pose a risk), the OHSA framework may be relevant. The OHSA guide explains the refusal process and the obligation to raise the concern immediately with the supervisor/employer.

Unsafe Work Activities Required by the Job

Some jobs require outdoor work, driving, deliveries, site visits, or travel between locations. If the employer requires you to perform a task that is dangerous in the circumstances, the OHSA right-to-refuse process may be engaged.

One significant limitation to understand: commuting to work (in a personal vehicle, on your own time) is not always treated the same as a workplace hazard. In many cases, employees dealing primarily with a dangerous commute end up relying more on policy/contract flexibility, reasonable management decisions, and sometimes human rights accommodation, rather than a straightforward OHSA work refusal. But if driving is part of your job duties, the health and safety analysis can become much more direct.

ESA Reprisal Protection: Your Employer Can’t Punish You for Exercising ESA Rights

Even when the ESA doesn’t give you a paid “weather day,” it still matters because it protects employees from reprisals when they try to exercise ESA rights.

Section 74 of the ESA prohibits employers from intimidating, dismissing, or penalizing employees (or threatening to do so) for protected reasons, including attempting to exercise ESA rights.

Why this matters in a weather context:

If you are taking a protected ESA leave (including declared emergency leave when it applies), your employer generally should not discipline you for taking it. If they do, the situation can raise reprisal issues.

Separately, if you ask for ESA-related rights information or contact the Ministry of Labour about ESA entitlements, those steps can also be protected activities under the ESA reprisal framework.

Human Rights: Disability-Related and Family-Status Accommodation in Severe Weather

Bad weather doesn’t affect everyone equally. For some employees, weather conditions create heightened risk because of disability-related needs—for example:

• Mobility impairments where icy conditions create a fall risk
• Respiratory conditions affected by cold air or poor air quality
• Chronic pain conditions aggravated by severe cold
• Anxiety or trauma-related conditions triggered by dangerous travel conditions

Ontario human rights law requires employers to accommodate disability-related needs to the point of undue hardship. The Ontario Human Rights Commission (OHRC) explains that the duty to accommodate requires changing rules, policies, or practices when needed to ensure equal opportunity, up to undue hardship.

In a severe-weather scenario, accommodation options may include remote work (even temporarily), modified start times, permission to use available leave, making up time later, changing duties that require travel, or other flexible solutions.

Human rights issues can also arise in relation to family status, such as disruptions to childcare when schools or daycare centres close due to storms. While the exact legal test can be complex and fact-specific, the practical takeaway is that employers should engage in a good-faith process to explore workable solutions rather than jumping immediately to discipline.

Pay Issues: Can Your Employer Dock Your Pay if You Stay Home?

Often, the most immediate consequence of staying home is wage loss. In many workplaces, if you don’t work, you don’t get paid, unless:

• Your employment contract, workplace policy, or collective agreement provides paid weather days or paid emergency leave
• You work remotely
• You use a paid day (vacation, banked time, personal day)
• The employer directs you not to work (for example, closing the workplace with pay)

Ontario’s ESA does include a “three hour rule” in certain circumstances. If you were required to report to work and you are given less than three hours of work, you may be entitled to minimum pay under the three hour rule, subject to specific conditions and exceptions.

This can come up when the weather is severe, and the employer calls employees in, then sends them home shortly after they arrive.

Workplace Policies and Collective Agreements: Often the Deciding Factor

In practice, many “dangerous weather” disputes are resolved (or escalated) based on workplace rules rather than a single ESA provision. Some employers have written inclement-weather policies that address whether employees may work remotely, when the workplace will close, whether there is paid time for closures, expectations for notifying management, and how time will be recorded (paid day, vacation day, unpaid day, or make-up time).

If you are unionized, your collective agreement may provide better protections or clearer processes than the ESA minimums.

Even in non-union workplaces, a consistent and well-communicated policy matters. Employers who apply policies unevenly (for example, granting remote work to some employees but disciplining others without a clear basis) can create legal risk.

Practical Steps for Employees: How to Protect Yourself When You Can’t Safely Attend

Communicate Early and Clearly

If the forecast is severe, notify your employer as soon as you know you may not be able to attend. Explain the issue neutrally: road conditions, transit shutdowns, safety warnings, or disability-related limitations.

Ask for a Reasonable Alternative

Where possible, propose a solution: remote work, delayed start, alternative duties, using a vacation day, or making up time. This shows good faith and often prevents conflict.

Keep a Written Record

Use email or text where possible. If the dispute escalates, documentation matters.

Don’t Exaggerate Conditions

If an employer believes an employee is using the weather as a pretext, they may move quickly to discipline the employee. Stick to accurate, supportable facts.

Peter A. McSherry Employment Lawyer Advises Guelph Employees on Weather-Related Absences

If your employer disciplined you for missing work during dangerous weather or refused reasonable accommodations, you may have legal options. Peter A. McSherry Employment Lawyer is a trusted advocate for employees in Guelph, Cambridge, Kitchener, and throughout the GTA, advising on wrongful dismissal, reprisals, and workplace rights. Contact our firm online or call 519-821-5465 to discuss your situation and protect your employment.