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Q. The receptionist I recently hired just told me she is 5 months pregnant and will need 4 weeks off when she has her baby. In our small company of 10 employees this is a hardship for us. Can I terminate her now and hire someone new?
A. It is against the law to discriminate against someone because they are pregnant. Washington State requires that you treat pregnancy as you would any other medical condition. You cannot refuse to hire someone because they are pregnant, nor can you refuse to hire someone because you are concerned they might get pregnant. You also cannot terminate someone due to their pregnancy. Just remember, more than 50 percent of our workers today are female, and our government recognizes that pregnancy is a normal and expected part of a womans life.
You are required to give your employee a medical leave, as prescribed by her health care provider. This does not need to be paid time off, unless your leave policies provide for paid sick time.
Lets look on the positive side. Obviously you liked your receptionist well enough to hire her, and you have plenty of notice to prepare for her time off. You can hire a temporary employee through a staffing company to fill in while shes gone, and in four weeks you will have a happy new mother back on the job.
The laws on this subject do vary for companies of varying sizes. For companies of 50 or more employees, rules governing the Family & Medical Leave Act (FMLA) apply. For very small companies (less than 8 employees) some exceptions do apply. For more detailed information, you can visit www.lni.wa.gov or the Washington Human Rights Commission at www.hum.wa.gov.
Q. I would like to hire a couple teenagers in my business during the summer. Im confused about the laws. Someone told me that the student has to have permission from their school and that I can pay them less than minimum wage. Is that correct?
A. Its great that youre interested in giving teenagers some work experience during the summer. However, its important to know the labor laws pertaining to minors.
First of all, if you are going to hire minors in your business, you need to be sure your Master Business License has a Minor Work Permit endorsement (just take a look at the copy posted in your business place). If it does not, you can apply for it through the states website, www.lni.wa.gov. The student only needs to have the schools permission during the school year. However, you should have the student bring a completed Parent/School Authorization form to you, completed by their parent. You are required to keep this form on file.
Your question regarding minimum wage is a good one. If you hire a 14 or 15 year old, you may pay them 85 percent of minimum wage. Minimum wage is currently $7.63, so you could pay them $6.49. However, if you hire 14-15 year olds, make sure you give them a 30 minute uninterrupted meal break after they work 4 hours and a paid 10 minute break for every 2 hours they work. Also, be realistic about your expectations for these young workers. You may get to pay them less, but you will probably use that savings to compensate your company for the extra time it will take for you to coach and mentor that young worker. During the summer, they can work up to 6 days a week, not to exceed 40 hours, between the hours of 7 a.m. to 7 p.m. There are duties that these young workers are prohibited from doing. They include construction, manufacturing, cooking, operating power driven machinery, loading trucks, and several others.
If you decide to hire 16-17 year olds, you must pay them at least minimum wage. During the summer they can work 6 days a week, up to 48 hours, between the hours of 5 am to midnight. These minors also have restrictions on jobs that they are not allowed to do. They include working after 8 pm without adult supervision, many construction related activities, regular delivery driving, nurses aides, or selling items on a public roadway.
The rules about hours do change during the school year. If you want more detailed information about hiring teen workers, you can visit www.lni.wa.gov. Also, be sure that you maintain verification on file of the employees age through a birth certificate, copy of their drivers license or a witnessed statement by their parent.
You may be giving a teenager their first job opportunity. This is a great time to teach them important lessons about the workplace. They may need coaching on attendance, teamwork, attitude, work ethic, demeanor, communication and other workplace skills. This can be both a challenging and rewarding experience, for you and the teenage worker. All of us can probably remember our first job and the person who mentored us. Good luck to you and your new employees as you take a couple young people under your wing.
(Editors Note: Julie Tappero is the owner of WestSound Workforce. The firm has offices in both Gig Harbor and Poulsbo.). |