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The devastating wildfires in California, particularly in the Los Angeles area, have far-reaching consequences for affected communities. Beyond the immediate concerns of safety and property loss, employees may also face significant challenges in the workplace, from school closures to unsafe air quality. California has enacted specific employment laws designed to protect workers in these circumstances, ensuring their safety and rights during times of disaster.
Here’s a closer look at some key protections under California law that employees should know if they are impacted by wildfires:
1. Unpaid Leave for School and Childcare Closures (Labor Code 230.8)
When wildfires force schools and childcare providers to close, working parents are often left scrambling to find alternative care. Recognizing this, California law allows employees of businesses with 25 or more employees to take up to 40 hours of unpaid leave per year to address childcare or school emergencies. A school emergency includes closures caused by natural disasters, such as wildfires.
Key points to know about this law:
- Employees must notify their employer of the need for leave.
- The leave is unpaid but job-protected, meaning employees cannot be terminated or penalized for taking it.
- The time off can be used to secure alternative childcare, help children transition to remote learning, or address other related needs.
Employers are encouraged to remain flexible and understanding during these emergencies, but employees should document their communications and reasons for leave to protect their rights.
2. Refusing to Work in Unsafe Conditions (Labor Code 1139)
During wildfire emergencies, certain workplaces may become hazardous due to active fires, evacuation orders, or deteriorating air quality. Labor Code 1139 specifically protects
employees from retaliation if they refuse to report to, or leave, a worksite they reasonably believe to be unsafe.
This law is particularly critical during wildfires, as it acknowledges the potential dangers employees might face in the workplace, their commute, or even their home environment.
Key aspects include:
- Employees are protected when they act based on a reasonable belief of danger, even if the employer believes the conditions are safe.
- The law applies in areas declared to be in a state of disaster or extreme peril, including areas under evacuation orders.
- Employers cannot terminate, demote, or otherwise retaliate against employees for exercising this right.
If an employee experiences retaliation for prioritizing their safety, they may have grounds to file a complaint with the California Labor Commissioner or pursue other legal remedies.
3. Protection from Wildfire Smoke (Cal/OSHA Section 5141.1)
Wildfires generate hazardous smoke that poses serious health risks to those exposed, including employees who work outdoors or in poorly ventilated areas. Cal/OSHA Section 5141.1 requires employers to take specific actions to protect employees when wildfire smoke is present.
This regulation applies when the Air Quality Index (AQI) for particulate matter (PM2.5) exceeds 151, a level considered unhealthy.
Employer obligations include:
- Monitoring air quality: Employers must track AQI levels for worksites where employees are exposed to outdoor air.
- Providing protections: If AQI levels are high, employers must, where feasible, provide enclosed and filtered air spaces or reduce employees’ exposure to smoke.
- Offering respirators: When other controls are not feasible, employers must supply N95 respirators or similar protective equipment and ensure employees are trained in their proper use.
- Communicating risks: Employers are required to educate employees on the hazards of wildfire smoke and how to protect themselves.
Failure to adhere to these standards can result in penalties for the employer and legal recourse for affected employees.
Additional Employee Protections
While the above laws address specific wildfire-related concerns, other general employment laws may also come into play:
- Paid Sick Leave: Employees can often use accrued paid sick leave to cover time off for health concerns, including wildfire-related illnesses or injuries caused by smoke exposure.
- Disability Accommodations: If an employee develops a medical condition related to wildfire exposure, they may be entitled to reasonable accommodations under the California Fair Employment and Housing Act (FEHA).
- Emergency Evacuation Protections: Employees unable to work due to mandatory evacuation orders may qualify for unemployment insurance or disaster unemployment assistance.
Practical Steps for Employees
If you’re impacted by the Los Angeles wildfires, here’s how you can protect your rights:
- Communicate with Your Employer: Notify your employer as soon as possible if you need to take leave, cannot safely report to work, or require accommodations.
- Document Everything: Keep records of all communications with your employer, including requests for leave or accommodations and any responses you receive.
- Understand Your Rights: Familiarize yourself with the laws mentioned above, as well as any additional workplace policies or benefits offered by your employer.
Holding Employers Accountable
California’s employment laws are designed to balance the needs of businesses with the rights and safety of workers. However, not all employers comply with these laws. If your rights are violated, you can file a complaint with the California Labor Commissioner or seek legal assistance.
At a time when wildfires bring uncertainty and danger, no employee should have to choose between their safety and their livelihood. By understanding these protections and advocating for your rights, you can focus on what matters most: staying safe and helping your family recover.
If you believe your employer has violated your rights during this wildfire season, consult with an employment attorney to explore your legal options. Together, we can ensure that employers uphold their responsibilities and protect those most affected by these natural disasters.
We Can Help You
Contact Haeggquist & Eck for a free and confidential case evaluation with no obligation. We work on a contingency fee basis, meaning you pay nothing upfront. If we don’t win compensation for you, you will not owe any legal fees.
