How Waiters and Waitresses Are Paid When They Are Sick and Unable to Work

When you are sick and unable to work, such as a server or bartender in the restaurant industry, the situation can be quite challenging. In many countries, including the United States, workers may face a lack of paid sick leave, but in others like Canada, protections can be more comprehensive.

United States

Unfortunately, in the United States, the scenario can be very dire for restaurant workers. In many states, including Washington (WA), the policy is that an employee earns sick pay at a rate of one hour of paid sick time per 40 hours worked, with a maximum of one hour per week. For instance, if you work 60 hours in a single week, you still only earn one hour of paid sick time. Worth noting is that this policy applies to all employees in the state, not just waiters and waitresses, and it should not be considered a 'freebie'; both employers and employees contribute to the fund that covers this benefit.

It is important to understand that if you are sick and unable to work, you may not receive any pay at all, depending on your employment situation. The pay for sick days often includes your average hourly wage plus tips. However, this is not a universal rule and varies by state and sometimes by employer. While some states, such as California, have enacted laws requiring employers to provide paid sick leave, other areas, like the majority of the U.S., do not have such protections.

Other Countries

Compared to the United States, Canada and Australia offer more comprehensive sick leave policies. In Canada, employees may even receive minimum wage while they are ill and unable to perform their work. Meanwhile, in Australia, not only are restaurant workers paid when they are sick, but certain sectors also receive health insurance benefits that cover part of their medical costs.

Restaurant Industry Standards and Practices

The restaurant industry is often criticized for its lack of comprehensive protections for its workers. Employers may expect employees to work despite health issues, as not showing up results in no pay. This can lead to an unsafe work environment, as servers or bartenders might return to work when they are not fully recovered.

Even health insurance is not a given in the industry. While a few restaurants may offer health insurance, this benefit is far from standard. Even when insurance is offered, it typically does not cover lost wages or provide comprehensive coverage for medical expenses. This leaves a significant burden on the individual worker to ensure their health needs are met without interruption of income.

Advice and Resources

If you are a waiter, waitress, or other restaurant staff member who is sick and in need of time off, here are a few resources and recommendations:

Check your state or local laws for sick leave requirements. Some jurisdictions mandate paid sick leave. Look into any union that provides compensation for sick days, as they often have special provisions for members. Contact your human resources department or an employment law attorney for guidance on what you are entitled to under your specific circumstances.

Additionally, it is crucial to maintain open communication with your employer. While it may be difficult, explaining your situation can sometimes lead to a more compassionate response from the employer, especially if you have a history of reliable work and punctuality.

To better understand the financial impact of being sick, you might also consider the following:

The Average Wage of a Waiter/Waitress:
The average hourly wage for a waiter or waitress in the United States is around $10 to $12, with tips significantly increasing their earnings. The tax implications can be complex, as the Internal Revenue Service (IRS) takes a portion of the tipped income in the form of the federal tip credit. This means that only a portion of the earned tips is taxable.

Conclusion

The restaurant industry, particularly in the United States, does not always provide adequate protections for workers who fall ill. While this situation is unfortunate, there are steps you can take to advocate for yourself and ensure that your health needs are met during times of illness.