[WA] What are an employer’s rights and obligations when an employee calls out for two weeks?
I have a business in Washington state and an employee who’s called out sick for two weeks straight. He has a valid doctor’s note. We don’t have the staff to cover him that long, so I hired someone, but I don’t know how long he’ll keep calling out. Are there any laws about this?
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By state law, you must provide 1 hour paid sick leave per 40 hours worked (RCW 49.46.210). After they exhaust sick leave, you can put them on unpaid leave if you choose (WAC 296-128-620). Washington is at-will—you can terminate for any reason or none.
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I have a business in Washington state and an employee who’s called out sick for two weeks straight. He has a valid doctor’s note. We don’t have the staff to cover him that long, so I hired someone, but I don’t know how long he’ll keep calling out. Are there any laws about this?
Lexi, Chatbot
How long has he been with your company?
Almost 6 months.
Lexi, Chatbot
Have you discussed the absences with him?
Not yet.
Lexi, Chatbot
Anything else the employment lawyer should know?
Yes.
Robert L
Hi, I’m Robert—happy to help.
Hi Robert, thanks.
Robert L
How much leave has he taken over the 6 months? Has he sought FMLA or any accommodation?
No FMLA or other accommodation, and no other leave besides these two weeks.
Robert L
Do you have a written leave policy?
No.
Robert L
By state law, you must provide 1 hour paid sick leave per 40 hours worked (RCW 49.46.210). After they exhaust sick leave, you can put them on unpaid leave if you choose (WAC 296-128-620). Washington is at-will—you can terminate for any reason or none.
That wasn’t my question. What’s our legal duty? Do we have to keep his hours/schedule the same when he returns? We can’t stay staffed if we don’t know how long he’ll be gone. Can I terminate even with a valid doctor’s note?
Robert L
I understand. In short: once he’s used up his sick leave, that’s your obligation. After that, you may terminate if you choose.
We don’t need to fire him; good to know. If we hired someone to cover, do we have to keep his hours the same when he returns—like maternity leave rules?
Robert L
If he hasn’t sought Family and Medical Leave Act protections, you’re not required to maintain his hours. You can increase or decrease them.
How do I check if he has FMLA? What if I reduce hours and get a letter later?
Robert L
He has to notify you about FMLA; you don’t have to hunt it down. If he doesn’t tell you, you’re not bound by it. If you have more questions, feel free to ask.
Robert L
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