TikTok Asks LA Staff to Use PTO During Wildfire Disruptions

Los Angeles Wildfires Impact TikTok Employees

As of Thursday, devastating wildfires are impacting the greater Los Angeles area, having consumed over 45 square miles and destroyed more than 1,300 structures. Nearly 180,000 individuals are currently under evacuation orders.

TikTok's Response and Employee Concerns

Despite the ongoing crisis, TikTok’s Los Angeles-based workforce is reportedly being instructed to either continue working remotely or utilize their personal or sick leave if remote work isn’t feasible. This guidance comes as the company’s LA office remains shuttered due to power disruptions stemming from strong winds.

The Palisades Fire’s proximity to TikTok’s offices is such that smoke is visible from within the building. While the Culver City office isn't currently subject to mandatory evacuation, both the office and the residences of many employees are being affected by the fires, windstorms, and associated difficulties.

Widespread Disruptions to Employees' Lives

TikTok employees in the region reside throughout the expansive Los Angeles area, with some facing lengthy commutes. Many are currently experiencing power outages, loss of Wi-Fi connectivity, or both, according to sources within the company.

It’s understood that some employees may even be under their own evacuation orders, though this hasn't been independently verified. The situation is creating significant hardship for staff.

Use of Personal and Sick Time

Unfortunately, TikTok is directing employees to draw upon their accrued personal or sick time to cover any days missed due to these challenging circumstances.

Company communications to LA staff confirm the closure of the LA office on January 8th, with continued closure through January 12th, as the fires persist and the office remains without power. These closure days are designated as Work From Home days, unless a team leader makes a different decision.

Available Resources and Policy Details

An HR representative shared links to company resources for impacted employees, including a Mental Wellbeing Portal, access to free mental health sessions through Lyra, and information regarding TikTok’s “PSSL” policy.

The PSSL policy refers to TikTok’s paid sick and safe leave program, encompassing sick time and personal days. Employees hired before June receive 10 PSSL days and 15 PTO days annually.

Return-to-Office Policy Complications

These sick/personal days are particularly valuable given TikTok’s return-to-office policy, which mandates a minimum of three days per week spent working from the office. Teams determine these days, and swapping them isn’t permitted.

Employees experiencing illness, such as a cold or flu, can stay home to avoid spreading it to colleagues. However, due to the three-day in-office requirement, they must utilize PSSL hours for these days, rather than being permitted to work remotely without penalty.

Impact on Remaining Time Off

This week, TikTok’s LA staff are being asked to use their personal/sick days if they are unable to work from home due to power or Wi-Fi outages, or if they are under evacuation orders, unless their team has been granted time off. This reduces their available days for future illness or personal emergencies.

Employees lacking sufficient PSSL hours can borrow from the following year or use their PTO instead.

Work-From-Home Status and Policy Ambiguity

Employees who can work remotely are required to update their “My RTO” portal, designating their work-from-home status as “natural disaster” to avoid penalties. This will not deduct from their PSSL hours.

However, TikTok’s PSSL policy documentation doesn’t explicitly address the use of time off for natural disasters like these wildfires.

Policy Limitations

The policy allows for time off for physical or mental health conditions, care for a family member’s health, or office closure ordered by public officials due to a public health emergency. While smoke could be considered “hazardous,” not all TikTok LA employees facing poor air quality are under evacuation orders issued by public officials.

Employee Reports and Concerns

Internal messages reveal employees reporting power outages at their homes and within their cities. Some are concerned about deteriorating air quality, while others worry about conserving battery power or generator fuel to maintain work capabilities.

Considering the pressure TikTok faces regarding a potential U.S. ban, which is likely impacting employee mental health, asking staff to continue working through this disaster is perceived by some as insensitive.

Some internal communications reviewed by TechCrunch exhibit a “business-as-usual” tone despite the severity of the situation. For example, a leader reportedly contacted an employee without power for a work status update.

Support Resources and Company Statement

Employees are directed to contact the EAP (Employee Assistance Program) or their HR representative if they are required to evacuate. Leaders have emphasized prioritizing employee safety and well-being, but requesting the use of personal days for remote work challenges appears to contradict this message.

TikTok initially did not respond to requests for comment. Following publication, the company released a statement.

TikTok asserts that any communication instructing LA employees to use personal time due to fires, power outages, or internet issues was a misunderstanding. (It’s worth noting that screenshots of TikTok HR communications contradict this claim. Additionally, TikTok has implemented a feature that alerts users in a company-wide Lark channel when a screenshot is taken.)

A TikTok spokesperson stated, “The safety and well-being of our employees is our highest priority. 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.”

Legal Considerations

According to Pooja Nair, a partner at Ervin Cohen & Jessup LLP in Los Angeles, it is generally legal for companies to require employees to use personal time off during natural disasters when remote work is impossible.

However, employers should only mandate the use of accrued sick leave for absences covered by permissible uses, such as health issues or family care, Nair added.

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.