PORT ANGELES — Business owners had better get their acts together by complying with new state laws on sick leave and the minimum wage that went into effect Jan. 1, a Kingston employment and business lawyer warned Wednesday.
“If you are not ready for [Initiative] 1433, you’re already in trouble,” James McCanna told more than 70 participants at a Port Angeles Regional Chamber of Commerce luncheon, held jointly with the Port Angeles Business Association, at the Red Lion Hotel.
“You have no choice of whether you do this or not.
“You are out of time.”
In 2016, Washington voters approved Initiative 1433, which required a statewide minimum wage of $11 in 2017 that increased to $11.50 on Jan. 1 and goes up to $12 in 2019 and to $13.50 in 2020.
Under I-1433, beginning 2021, the minimum wage will be adjusted according to the Consumer Price Index.
McCanna said a sense of urgency for employers also holds true for a separate state law that was created as a result of I-1433.
It requires employers to grant employees one hour of sick leave for every 40 hours worked beginning on the 90th day of employment.
The law applies to all hourly employees including those on part-time, seasonal and temporary status.
Employees can use the sick leave to care for themselves or family members.
They can use it when a workplace, school or child-care facility has been closed by a public health official for health-related reasons.
And they can use it for absences that qualify for leave under the state Domestic Violence Leave Act.
Sick leave also can cover mental illness, preventative medical care and maternity absences, McCanna said.
Employers may require verification that sick-leave absences of more than three days are for authorized reasons, but the employer must have a written policy covering the verification, and it can be challenged by the employee as an undue burden or expense before the verification is required.
Family members who can be cared for include a registered domestic partner, adopted/adoptive family members, foster children, “de facto” children, stepchildren and legal guardians.
Unpaid sick-leave balances of up to 40 hours must be carried over to the following year, McCanna said.
Employers may require employees to give “reasonable notice” for absence from work under paid sick leave, according to state law.
If the need is foreseeable, such as for a doctor’s appointment, the employee must provide at least 10 days notice, “or as early as practicable,” before the employee uses the sick leave, according to the law.
McCanna urged audience members to have an employee manual.
Employees must be notified of sick leave policies and other rights provided under state law.
“If you don’t have an employee manual, you are asking for trouble because you have no guide you can give your employees,” McCanna said.
“Please, please don’t download an employee manual from Google,” he warned.
The standards are rigorous for employers who discover an employee who uses sick leave for an unauthorized purpose, McCanna said, using a fictitious name to illustrate his point.
“Let’s say you take a drive for lunch, and you see Bob out on the golf course.
“It never happens, right?” he quipped.
“What can you do with [the] employee?
“Not much under the regulations.”
The employer must demonstrate the use of sick leave was unauthorized under state law.
The payment for the sick leave can be withheld — but it cannot be deducted from the unused sick-leave hours the employee has legitimately accrued.
If payment is withheld, the employee must be notified — and the employee can file a complaint with the state Department of Labor and Industries.
“You’d better be sure that discipline of that employee is well documented and you have strong evidence to support it, because they can turn around and say, ‘I was not at that golf course,’ ” McCanna said.
“It’s up to you to prove that employee is lying.”
McCanna urged audience members to keep detailed records.
“You have to get all of your ducks in a row,” he said.
“This is a big deal.
“It’s humongous.
“If you are not on top if it now, you are in violation as we speak.”
The state Department of Labor and Industries has compiled a list of frequently asked questions and answers on the new sick-leave law at https://tinyurl.com/PDN-SickLeave.
The text of the law is at https://tinyurl.com/PDN-SickLeaveLaw.
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Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 55650, or at pgottlieb@peninsuladailynews.com.
