In mid-July 2026, a significant environmental event underscored the growing intersection of climate change and workplace management, as a pervasive haze descended upon the Midwest and Eastern United States. This widespread air pollution, primarily attributed to a confluence of extensive wildfires across the U.S. and Canada, triggered air quality alerts from public health authorities and served as a stark reminder of the escalating frequency and intensity of extreme weather phenomena exacerbated by a changing climate, according to experts speaking with CBS News. The immediate repercussions were felt directly in industrial and commercial settings, highlighting the need for employers to adapt their policies and practices.
Wildfire Smoke and Extreme Heat Impact U.S. Workplaces
The severe air quality event had tangible consequences for American workers. A notable incident occurred at a Ford Motor Co. assembly plant in Michigan, where employees were reportedly hospitalized due to the combined stressors of intense heat and the inhalation of wildfire smoke. This situation, as reported by the Detroit Free Press, illustrates the direct health risks faced by individuals in industrial environments during such environmental crises. In Albany, New York, outdoor workers were compelled to implement protective measures, including the strategic placement of water stations and the deployment of large cooling fans to mitigate the impact of the poor air quality and associated heat.
These incidents bring into sharp focus the legal obligations of employers when employee health is jeopardized by adverse weather conditions. Ellen Donovan McCann, of counsel at Littler Mendelson, a prominent labor and employment law firm, explained that such events may trigger employer responsibilities under the Family and Medical Leave Act (FMLA) and comparable state or local statutes. While McCann noted that a clearly discernible upward trend in FMLA leave directly attributed to climate extremes has not yet been definitively established, the topic is garnering increasing attention, particularly concerning its impact on pre-existing chronic health conditions. Conditions such as cardiovascular disease and asthma are known to be exacerbated by periods of extreme heat and elevated air pollution. "We certainly have talked about the potential impact," McCann stated, signaling ongoing legal and HR discussions around these emerging workplace challenges.
Pierce Blue, also of counsel at Morgan Lewis, a global law firm, echoed these concerns, emphasizing that employers should anticipate a rise in chronic health conditions linked to climate change. A 2023 study published in the Journal of Occupational and Environmental Hygiene specifically highlighted that outdoor workers are disproportionately vulnerable to climate-related hazards. The study’s authors pointed out that while further research is warranted, existing evidence suggests an increase in both morbidity and mortality among workers due to the effects of climate change. "It would make perfect sense if that were to lead to an increase in claims or time off," Blue commented. "Any increase would be concerning on [the employer’s] part."
Indirect FMLA Claims and Evolving Employer Responsibilities
Beyond direct health impacts, employers may also encounter FMLA-related issues indirectly stemming from climate change. McCann elaborated that an employee might request leave to care for a family member affected by severe weather events. This scenario underscores the importance of employer vigilance, as identifying FMLA-qualifying events involving family members can already be complex. She provided an illustrative example: an employee requesting time off to relocate an elderly parent to a long-term care facility. The FMLA’s eligibility criteria are broad and can encompass such caregiving responsibilities. By extension, if an employee is caring for a relative with a health condition that is placed at greater risk by flooding, air pollution, or another weather-related emergency, that situation may also qualify for FMLA leave.
"Employers might not be making the right connections or at least asking the right questions to know whether it’s FMLA," McCann cautioned, suggesting a potential gap in understanding and application of the law in these new contexts.
Adding another layer to the complexity, Matt Brown, a partner at Thompson Coburn, a law firm, noted the potential for a mental health component in climate-related FMLA claims. For instance, if an employee reports experiencing anxiety directly linked to extreme weather events, this psychological distress could also constitute a qualifying reason for FMLA leave.
Adapting Compliance and Policies for a Climate-Impacted Future
Navigating these evolving challenges requires a proactive approach from employers. "Awareness is key," McCann stressed. Employers are advised to closely monitor weather forecasts and local public safety alerts to anticipate conditions such as poor air quality or extreme heat. Consequently, they should be prepared for a potential increase in FMLA or other types of leave requests on days with adverse environmental conditions. Comprehensive training for HR staff and managers is crucial, enabling them to carefully consider the full context of an employee’s situation to determine appropriate next steps.
"Any time an employee needs to be absent from work, make sure you have enough facts to know if there is an obligation that’s been required," McCann advised. She emphasized that employees are not required to use specific legal terminology like "I need FMLA" to initiate a request. The responsibility lies with the employer to gather sufficient information to assess potential obligations.
Where feasible, employers might consider offering remote or hybrid work arrangements for employees who are particularly susceptible to climate-related hazards. Brown suggested that such flexibility can aid in maintaining staffing continuity, as extreme weather events can sometimes disrupt transportation networks or lead to unexpected localized shutdowns. "That helps staffing plans because a lot of time these things come out of the blue," he remarked.
Proactive Measures and Manager Training
To streamline recordkeeping and ensure compliance, employers are encouraged to maintain up-to-date medical certifications for employees with known health conditions that could be aggravated by climate extremes, according to Blue. However, he identified manager training as perhaps the most critical task in mitigating the risk of FMLA violations. Failure to properly recognize and handle FMLA-qualifying scenarios poses the greatest legal exposure for employers.
"I don’t think the training needs to be super intense or that managers need to have a clinical knowledge of the FMLA," Blue clarified. "It’s more important that, if somebody says they need time off for a medical reason or to care for their children […] know that that could be FMLA and that you should be looping in HR or legal." This approach empowers managers to act as initial points of contact, escalating complex cases to specialized departments for proper handling.
State and Local Guidance Informing Employer Best Practices
While the Occupational Safety and Health Act (OSHA) mandates that employers provide a workplace free from recognized hazards, there are currently no specific federal OSHA standards directly addressing climate extremes or similar weather events. Nevertheless, this regulatory landscape does not leave employers without guidance. Blue pointed out that a variety of resources and legal standards are available at the state and local levels that can inform employer responses.
For instance, the Natural Resources Defense Council reports that at least seven states have established occupational heat safety standards. Furthermore, in June 2026, New York City Mayor Zohran Mamdani signed an executive order directing local agencies to develop comprehensive heat safety plans for city employees and contractors. These policies, even if not directly applicable to private businesses, can serve as valuable models for developing best practices.
Brown suggested that employers should look to these existing state and local regulations as a foundation for their own policies. Moving forward, employers may also find it beneficial to track leave trends, either independently or in collaboration with third-party leave administrators. Analyzing this data in conjunction with historical extreme weather events and alerts can help identify correlations and inform necessary adjustments to operational protocols and compliance strategies. Such data-driven insights will be increasingly vital as the frequency and intensity of climate-related disruptions continue to pose challenges to the American workforce.
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