TikTok advises LA employees affected by wildfires to use personal/sick hours if they can’t work remotely

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Wildfires are currently devastating the greater Los Angeles area, burning over 45 square miles, torching over 1,300 structures, and putting nearly 180,000 people under evacuation orders as of Thursday. And yet, TikTok’s LA-based employees are being told to either continue their work from home or use their personal/sick days if that’s not possible, while the company’s LA office remains closed due to power outages caused by high winds.

The Palisades Fire is close enough to TikTok’s office that smoke can be seen out the windows. Although the Culver City-based office itself is not under mandatory evacuation orders at this time, both it and many employees’ homes are impacted by the fires, windstorms, and related problems.

TikTok’s employees in the region hail from all over the broader LA area and many of their homes are currently without power, Wi-Fi, or both, according to employee sources at TikTok. Unfortunately, staff dealing with this large-scale natural disaster are being told to use their personal or sick time to account for the days they need to take off due to these conditions.

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TikTok’s LA office is closed due to the fires and power outages, but the days the office is closed are being made Work From Home days instead of days off. Employees have access to company resources for those impacted by the fires, including mental health sessions and TikTok’s paid sick and safe leave program.

Employees are feeling the impact of the wildfires, with some facing power outages and concerns about air quality. TikTok’s policy allows for the use of sick time for physical or mental health conditions, caring for family members, or when the office is closed by public officials due to a public health emergency. Internal messages from employees reveal worries about power outages and air quality.
Given the pressure TikTok is under due to the upcoming ban in the U.S., which is probably already impacting U.S. employees’ mental health and stress levels, being told to keep working through a disaster of this scale comes across as a little tone-deaf. In fact, some internal messages reviewed by TechCrunch have very much a “business-as-usual” vibe to them despite the scale of the disaster at hand. One lead, for example, reached out to an employee without power for a status update on some of their work, messages show.

Employees have been told to contact the EAP (Employee Assistance Program) or their HR rep if they are told they need to evacuate. Though there are many messages from leaders stressing that employees should put their own safety and well-being first, asking staff to worry about using personal days if they can’t work from home seems to counter that narrative.

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TikTok was asked for comment but didn’t offer a response ahead of publication. After publication, the company issued a statement, shared with TechCrunch. (See below).

TikTok claims that any communications to LA employees telling them to use personal time if they can’t work from home due to fires, power outages or internet issues must be a misunderstanding. (We should note that we’ve seen screenshots of TikTok HR’s communications to staff that contradict these claims. Additionally, after the story was published, TikTok enabled a feature that now alerts everyone in a company-wide Lark channel — a Slack competitor from TikTok parent ByteDance — when a screenshot is taken.)

“The safety and well-being of our employees is our highest priority,” a TikTok spokesperson said. “In light of current circumstances, our offices have been closed since Tuesday and will remain so for as long as necessary. While employees who can work from home safely are encouraged to do so, we also recognize the unique challenges this situation may present and are committed to supporting our team with flexibility if they are unable to work remotely at this time.”

According to Pooja Nair, a partner at Ervin Cohen & Jessup LLP in Los Angeles, it is generally legal for a company to require that employees use personal time off for natural disasters when the employee is unable to work.

However, an employee should only be required to use accrued sick leave for absences in which the need falls under a permissible use, such as health issues or to care for a family member.

Sarah Perez can be reached via email at sarahp@techcrunch.com or @sarahperez.01 on Signal. Note that this article was updated after publication with TikTok’s statement.

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