A snowstorm hits overnight. The roads are dangerous. Your employer sends a message saying you are expected in. You are wondering whether you legally have to go — and what happens if you do not.
Actually, your employer can ask you to come to work, but there are important limits to this requirement. While they can require you to work even during bad weather, there are exceptions in place to ensure your safety and protect your pay.
Under Ontario’s Occupational Health and Safety Act, every worker has the legal right to refuse work they believe is unsafe. This right is broad — and it is not limited to dangers inside the workplace.
If getting to work requires you to travel in conditions that put your safety at genuine risk — a severe ice storm, a declared state of emergency, dangerous highway conditions — that refusal may be protected.
To exercise this right properly:
- Tell your supervisor you are refusing work due to safety concerns
- Be specific about the unsafe conditions
- Your employer must then investigate the concern
Your employer cannot legally punish you for a genuine, good-faith safety refusal.
Do You Get Paid If Work Is Cancelled Due to Weather?
This depends on the circumstances — and the answer surprises most people.
If your employer cancels your shift
Ontario’s three-hour rule under the ESA applies here. If you were scheduled to work and your employer cancels your shift after you have already left for work or arrived, you are entitled to be paid for a minimum of three hours at your regular rate — even if you worked less than that or not at all.
However, if your employer cancels your shift before you leave home — with enough notice — the three-hour rule may not apply.
If the workplace closes due to weather
If your employer decides to close the workplace and sends everyone home, or tells you not to come in, you are generally not automatically entitled to pay for that day under the ESA — unless your contract, company policy, or collective agreement says otherwise.
This is where your employment contract matters. Many employers have an inclement weather policy that addresses pay during closures. Check yours.
If you choose not to come in
If your employer is open and expects you to attend, but you decide not to come in due to weather, your employer can generally treat that as an unexcused absence — and may dock your pay for the day. They cannot, however, fire you for a single absence if it was genuinely weather-related and you communicated clearly.
Can You Be Fired for Not Coming In During Bad Weather?
A single absence due to genuinely dangerous weather conditions is unlikely to justify termination on its own. But repeated absences, failure to communicate, or ignoring a clear employer directive can lead to progressive discipline.
If you were fired for refusing to come in during a severe weather event — especially if conditions were objectively dangerous — that termination may be worth challenging. Get legal advice.
Declared Emergencies Change Everything
If the Ontario government or a municipality has declared a state of emergency, additional protections apply. Under the Employment Standards Act, employees cannot be dismissed, suspended, or penalized for taking emergency leave during a declared emergency — including staying home due to dangerous conditions.
What Your Employer Cannot Do
Regardless of weather policies, your employer cannot:
- Fire or discipline you for exercising a legitimate safety refusal under the OHSA
- Withhold pay for hours you actually worked before being sent home
- Ignore a declared emergency and treat your absence as unexcused
- Retaliate against you for raising safety concerns about travel conditions
What To Do in This Situation
1/ Communicate early — contact your employer as soon as possible if you cannot safely make it in. Do not simply not show up without explanation.
2/ Put it in writing — send a message or email so there is a record of your communication and the reason for your absence.
3/ Check your contract and company policy — many employers have a specific inclement weather or emergency closure policy. Know what it says before you need it.
4/ If you are on your way and conditions worsen — you can still turn back. Document the conditions and notify your employer immediately.
5/ If you were disciplined or fired — get legal advice. A termination connected to a genuine safety refusal or emergency absence may be wrongful.
The bottom line: Your employer can expect you at work — but not at the cost of your safety. Ontario law gives you tools to protect yourself during severe weather events, and no employer can punish you for a genuine, good-faith decision to stay off dangerous roads. Know your rights before the next storm hits.
Latest Articles
- All Post
- Layoff News
