Urgent Wildfire Guidance for California Employers

Guidance for Protecting Your Team and Your Practice

If your office is closed due to wildfires, it’s essential to understand your responsibilities regarding employee pay and the resources available for your team. Here’s how to navigate this challenging time with clarity and care.

As wildfires rage, small-business owners like you—especially in healthcare—have a dual responsibility: safeguarding your team while staying compliant with California’s labor laws. It’s a tough road, but with a clear plan, you can rise to the challenge and lead your team safely through this storm.

Urgent Wildfire Guidance for California Employers: Closed Businesses

Short-Term Office Closures: Pay Obligations

When your office temporarily closes, labor laws determine who must still be paid and under what conditions.

Find the Details Here:
? Who Gets Paid When Your Office Closes Due to Disasters or Inclement Weather?

Take a moment to review these rules and confirm what obligations you may have under California labor laws.

Longer-Term Closures: Disaster Unemployment Benefits

If the closure lasts longer, your team may qualify for Disaster Unemployment Assistance (DUA)—a federal program designed to help workers affected by major disasters.

Key Points to Know:

• When Is DUA Available?
  Benefits become accessible when the President declares a major disaster, which occurred late on January 8, 2025.
• Who Qualifies?
  Individuals are eligible if they:
  • No longer have a job or a place to work.
  • Cannot reach their workplace.
  • Cannot work due to damage to their workplace.
  • Cannot work because of disaster-related injuries.

Good News for Employers:
DUA benefits are not charged to your unemployment account, so you’re not directly financially responsible for these payments.

California Update:
As of today, California has this program set up.

Additional Relief Resources for Businesses and Employees

In times like these, every bit of support counts. Here are some additional programs to explore:

• FEMA Disaster Updates (State-by-State):
  ? FEMA State-by-State Disaster Updates
• Small Business Administration (SBA) Disaster Assistance Loans:
  If your practice has been impacted, consider SBA loans to cover operational losses or repair damages.
  ? SBA Disaster Assistance Program

Steps to Take Now

1. Clarify Pay Obligations:
   Review labor laws to confirm which employees need to be paid during short-term closures.
2. Share DUA Information:
   Notify your team about Disaster Unemployment Assistance and how to apply.
3. Explore SBA Loans:
   If your practice is financially impacted, SBA loans can help stabilize your business during recovery.

Stay Updated:
Monitor FEMA and other official channels for new programs or resources.

You’re Not Alone

Facing wildfire disruptions is never easy, but by acting decisively and supporting your team, you’ll reinforce the trust and resilience that make your practice strong. Together, you and your employees can weather this challenge and rebuild stronger.

Urgent Wildfire Guidance for California Employers: Open Businesses

Here’s your roadmap:

1. Keep Your Team Safe from Unsafe Air Quality

California law  requires action when wildfire smoke impacts air quality. Your employees are your lifeline, so let’s prioritize their health.

Steps to Take Now:

• Monitor AQI: Stay vigilant—track PM2.5 levels using reliable sources. If AQI hits 151+, it’s time to act.
• Distribute N95 Masks: If smoke exposure can’t be avoided, get those masks ready. Make sure your team knows how to use them.
• Adapt Work Schedules: Shift outdoor tasks indoors or reschedule to minimize exposure.
• Train Employees: Teach your team about the signs of smoke-related health risks and how to protect themselves.

Exemptions to Note:

• Enclosed workplaces or vehicles with filtered air.
• Exposure under one hour during a shift.
• Employees actively fighting wildfires.

2. Address Workplace Safety Concerns

In California, employees have the right to refuse work if they reasonably believe conditions are unsafe due to a natural disaster or because they need to evacuate.

Steps to Take Now:

• Respect Decisions: Don’t penalize employees for choosing safety over work.
• Keep Lines Open: Allow employees to stay connected with loved ones or check emergency updates using their mobile devices.

Exemptions:

• Certain essential workers (e.g., healthcare providers, first responders) may have different obligations.

Special Considerations: 

Reporting Time Pay: California’s law requiring employers to pay an employee half of their wages when they report to work but are sent home early does not apply to “acts of god.” Therefore, if you sent employees home due to a wildfire hazard, reporting time pay requirements would not apply. 

3. Support Employee & Family Care

 Wildfires can affect the mental and physical health of your employees and their family members entitling your employees to leave. Additionally, when wildfires disrupt schools or childcare, your employees may need extra flexibility.

Steps to Take Now:

• Grant Emergency Leave: If you employ 25 or more workers you are required to allow them to take emergency leave related to the closure of childcare facilities or schools.
• Provide PSL & CFRA Leave: Your employees or their loved ones’ health may be impacted by the wildfire emergency. Depending on the severity of the situation, employees may qualify for up to 5 days of paid sick leave (or more in some CA cities) or 12 weeks of unpaid, job-protected family and medical leave. 

Exemptions:

• Businesses with fewer than 25 employees are exempt from some childcare-related leave rules.
• CFRA eligibility depends on tenure and hours worked.
• PSL eligibility depends on the details of your policy and how much the employee has already used this benefit year.

4. Accommodate Emergency Responders

If someone on your team is a volunteer firefighter or rescue worker or in the National Guard, state and federal, law protects their right to serve.

Steps to Take Now:

• Allow Time Off: Be flexible with schedules for those called to assist in emergency efforts.
• Avoid Retaliation: Don’t penalize these heroes for their service.

Exemptions:

• Essential service roles may require employees to remain on duty.

5. Avoid Retaliation—Stay Compliant, Stay Compassionate

California law takes a hard line on retaliation. Supporting your employees in a crisis isn’t just good business—it’s required.

Steps to Take Now:

• Review Your Policies: Make sure your practices align with current labor laws.
• Communicate Clearly: Share your plans and employees’ rights upfront.
• Document Everything: Keep records of your actions and decisions.

Quick Compliance Checklist

✅ Safety First: Monitor AQI, distribute N95 masks, and adjust work conditions as needed.
✅ Employee Rights: Respect decisions to leave unsafe conditions and facilitate emergency communication.
✅ Family Support: Approve leave for family or childcare emergencies.
✅ Hero Accommodations: Honor the rights of volunteer responders.
✅ Exemptions in Check: Confirm and document any exemptions your business qualifies for.

Your Next Steps

Wildfires demand quick, decisive action. By prioritizing your team’s safety, you’ll demonstrate leadership, protect your business, and meet your legal obligations.

For questions or customized guidance, don’t hesitate to reach out to the CEDR Solution Center. Remember, your employees are counting on you—and you’ve got what it takes to lead them through this.