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Sick Leave. Although Washington law does not currently require employers to provide employees with sick leave benefits, beginning on January 1, 2018, all employers will be required to provide paid sick leave to employees who work in Washington WA Department of Labor & Industries: An Overview of the New Minimum Wage and Paid Sick Leave Requirements.
He or she would then be subject to the employerâs policy with respect to non-FMLA related absences. Simply because the employee also has sick days available doesnât protect him/her against discipline for absenteeism. When the leave is not protected by FMLA, the employer can take disciplinary action. In Hawaii, a bill was passed regarding the usage of sick leave. If an employee use their sick leave, employer are not able to take disciplinary action. So if an employee refuses to return med cert, the employee will have a win-win situation. The employee will continue to be protected under this Hawaii bill and the employee will still have up to 12 weeks of FMLA.