Ontario has seen its share of wild weather—floods, wildfires, ice storms, and tornadoes are no longer rare events. We’ve helped employees across the province navigate the confusion and stress that follows when disaster strikes. Whether you’re unable to get to work because of a flooded street, or your home office goes dark during an ice storm, it’s crucial to know your rights and your employer’s obligations.
In recent years, we’ve spoken with clients whose workplaces were shut down by wildfires near Ottawa, and others who lost power for days after a major storm. These situations raise urgent questions about pay, job security, and safety.
Under Ontario’s Employment Standards Act (ESA), employers are only required to pay you for work you perform. If your workplace is forced to close due to a natural disaster and you’re not working—either on-site or remotely—there’s generally no legal requirement for your employer to pay you for those days, unless your employment contract says otherwise.
However, suppose your employer temporarily lays you off and your contract doesn’t allow it. In that case, you may have grounds for a constructive dismissal claim, which could entitle you to termination or severance pay. We’ve helped clients in this exact situation—where a “temporary” layoff became a permanent loss of income.
Ontario’s Occupational Health and Safety Act (OHSA) is clear: employers must provide a safe work environment. If a natural disaster makes it unsafe—think hazardous air from wildfires or a building with no power—your employer cannot force you to work.
Employees have the right to refuse unsafe work and should notify their employer in writing if they believe conditions are dangerous. If the issue isn’t resolved, you can contact the Ministry of Labour for help. We’ve advised employees who were told to report to work during severe storms, even when roads were closed and power lines were down. In these cases, safety comes first—and the law is on your side.
If Ontario or your municipality declares a state of emergency, you may be eligible for unpaid, job protected Declared Emergency Leave under the ESA. This leave covers situations where you can’t perform your job due to the emergency, or you need to care for a family member impacted by the disaster.
During the COVID-19 pandemic, for example, this leave protected employees from losing their jobs when they couldn’t work due to government orders or health concerns.
Employers can ask—but not require—you to use vacation or paid days during a workplace closure unless your contract specifically allows it. If your home is damaged or you’re dealing with the aftermath of a disaster, discuss your options with your employer. Many are understanding, especially when entire communities are affected, but your legal right to paid leave will depend on your contract and company policy.
The pandemic made remote work common, but what if a disaster makes travel unsafe or knocks out your power or internet at home? Employers aren’t legally required to offer remote work, but many do so as a practical solution.
Suppose you can’t work from home due to outages. In that case, you generally aren’t entitled to pay for that time unless your contract says otherwise. We’ve helped clients clarify these expectations with their employers, especially after storms left large parts of Ottawa without power for days.
If you lose your job or can’t work due to a natural disaster, you may qualify for Employment Insurance (EI) benefits—even if your employer hasn’t yet issued a Record of Employment. Apply as soon as possible and keep records of your situation.
Ontario also offers Disaster Recovery Assistance for Ontarians (DRAO), which can help cover the costs of cleaning, repairs, and replacing essential property after disasters like floods or tornadoes. This program is available to homeowners, tenants, small businesses, and not-for-profits in designated disaster zones, and can be a critical lifeline when insurance doesn’t cover all your losses
Employers must take “all reasonable precautions” to protect worker health and safety, including during emergencies. This means clear communication about closures, hazards, and when it’s safe to return.
We advise employers to document their emergency response plans and keep employees informed through multiple channels—email, text, or even phone trees—especially if power or internet is down.
Natural disasters are stressful, but Ontario law provides important protections for employees:
Stay safe—and remember, you don’t have to weather the storm alone.
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