The provisions of the current Workers Compensation and Employers Liability Policy WC 00 00 00 C require that the insured employer tell the insurer at once if an injury occurs that may be covered by the policy. In addition, the insured must provide for immediate medical and other services required by the state's workers compensation law, provide the insurer or their agent with the names and addresses of injured persons, witnesses and other information as required. The insured is also required to cooperate with and assist the insurer as requested in the investigation, settlement or defense of any claim, proceeding or suit; and to do nothing after an injury occurs that would interfere with the insurer's right to recover from others. Of primary importance in the situation of a disaster, is that the insured may not voluntarily make any payments, assume obligations or incur any expenses, unless the insured bears those costs on their own.

 If the employer does implement a mass layoff or closure, advance notice may be required under the federal Worker Adjustment and Retraining Notification Act (WARN). While some states have specific plant closing statutes modeled after WARN, the states of FL, AL, GA, NC, SC and VA do not have such statutes. However, employers operating in these states should be aware that notice could be required to the state unemployment agency for certain types of mass layoffs.

 If employees (or their family members) suffer serious injury or illness, the employee may be entitled to leave under the federal Family and Medical Leave Act (FMLA). There may also be state or local leave laws that apply to certain employees — for example, Miami-Dade County, FL has its own family and medical leave ordinance with specific eligibility requirements (Miami-Dade County Code of Ordinance, Part III. Code of Ordinances, § 11A-61. Entitlement to domestic leave). The state of GA has a Kin Care Law (Act 203) applying to employers with 25 or more employees who provide paid sick leave to employees. This law allows employees with earned sick leave to use that leave to care for an injured family member, including children, spouses, parents, grandparents or tax-eligible dependents. In addition, these employers are required to allow employees working 30+ hours per week to take up to five days of their paid sick leave each year to care for family members. Note that there is an exemption to the Act for employee-owned businesses offering an employee stock ownership plan. The state of NC has a Healthy Families & Healthy Workplaces Act (SB 556 (1st edition), NC General Statutes 95.31.1-9)) that allows employees to use earned sick leave to care for an injured family member, including children, spouses, parents, siblings, grandparents, or grandchildren, whether the relationship is biological, foster, adoptive, step, half or in-law. The law does not apply to those persons who are exempt from the Wage and Hour Act, but the exemption does not apply to domestic workers not employed in the residence of their employer.

 Some states have laws protecting employees who miss work because of their service as volunteer first responders. For example, AL does not permit terminating employees who are members of a volunteer fire department or emergency medical service who are late or absent while responding to an emergency call. This type of leave may be unpaid, and employers may ask for documentation of the need for the leave. (Alabama Code 36-21-160).

 In addition to insurance agents and insurance carriers, employers having employment issues impacted by the hurricane, floods and other disasters, can find links to information on unemployment insurance, disaster unemployment assistance, dislocated worker grants, worker claims, wages, and other related topics in the U.S. Department of Labor's website information on Severe Storm and Flood Recovery Assistance.

 While we hope you will find this information beneficial, it is provided as a general aid for those seeking information employment-related issues following Hurricane Michael, and is not provided as a comprehensive guide for use in specific situations or circumstances.