If you are a driver for a rideshare company, the company is now required to provide you with paid sick time. Drivers are allowed to use paid sick time if they have recorded passenger platform time within 90 calendar days before their request to use earned paid sick time.

The rideshare company must make sick time available for use within a communication system.

Drivers must be allowed to use paid sick time in 4-hour increments, not to exceed 8 hours per day. Drivers are entitled to request 4 or more hours of earned paid sick time for immediate use, including consecutive days of use. A rideshare company may allow shorter increments for paid sick time usage. Drivers may use paid sick time for multiple rideshare companies at the same time.

How much paid sick time should I earn?

You must earn at least one hour of paid sick time for every 40 hours of passenger platform time performed. Rideshare companies may provide more paid sick time if they choose.

You begin earning paid sick time for any passenger platform time performed as of Jan. 1, 2023.

If you do no use all of the paid sick time you earned by the end of the calendar year, the rideshare company must carry over balances of up to 40 hours of unused paid sick time to the next calendar year.

What rate am I paid at if I use paid sick time?

The company must pay you your average hourly compensation for each hour of paid sick time used.

Your average hourly compensation is based on your compensation during passenger platform time during the 365 days immediately prior to the day the paid sick time is used. That is divided by the total hours of passenger platform time you performed on that company’s platform during that period. Tips and gratuities are not counted towards the average hourly compensation.

The company must pay you for the paid sick time used within 14 days or by the next regularly scheduled pay date.

For what purposes may I use my earned paid sick time?

You may use this time:

• For your own mental or physical illness, injury, or health condition. Or if you need medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or preventive medical care.
• To provide care for a family member with a mental or physical illness, injury, or health condition. Or for a family member who needs a medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care.
• During a deactivation or other status that prevents you from performing services on the company’s platform, unless the deactivation or status is due to a verified allegation of sexual assault or physical assault perpetrated by the driver.
• If your child’s school or place of care has been closed for any health-related reason by order of a public official.
• If you are absent for reasons that qualify for time under the state’s Domestic Violence Leave Act (DVLA).
• If a rideshare company allows use of paid sick time for additional purposes or family members.
• You must be allowed to use earned paid sick time simultaneously for multiple companies at the same time.
• Companies must make any unused earned paid sick time available if there is less than a 365-day gap between you recording passenger platform time.
• A rideshare company cannot require you provide advanced notice of your intention to use paid sick time.

For which family members may I use paid sick time?

Family members include your:

• Child: Includes a biological, adopted, or foster child, stepchild, or child for which you are legally responsible,
• Parent: Includes your biological, adoptive, or foster parent, your stepparent, or someone who was your legal guardian, or their spouse or registered domestic partner – or a person who was legally responsible for you when you were a minor,
• Spouse,
• Registered domestic partner,
• Grandparent,
• Grandchild,
• Sibling.

Is the company required to notify me of my right to paid sick time?

Yes. For drivers hired on or after Jan. 1, 2023, rideshare companies must notify each driver of their right to paid sick time before the driver begins performing network services on the company’s platform.

For existing drivers, companies must notify each driver no later than Jan. 1, 2023, of their right to paid sick time.

This initial notification must explain:

• That you are legally entitled to paid sick time.
• How much paid sick time you will earn.
• When you may use paid sick time.
• That the company is prohibited from retaliating against you for using paid sick time for any reason allowed by this law, or for exercising other driver rights within the Minimum Wage Act.

At least once a month, rideshare companies must provide you with notification via a communication system that explains:

• How much paid sick time you accrued since your last notice.
• How much paid sick time you used since your last notice.
• How much unused paid sick time is available for use.
• How much you were paid per hour for any paid sick time used since your last notice and the calculation used to determine the rate.
• Written notification of the current rate of average hourly compensation while a passenger is in the vehicle during the most recent calendar month for use of earned paid sick time.

Rideshare companies may use regular pay statements to notify you.

A rideshare company is not required to provide this information to a driver if the driver has not worked since the last notification.

If you believe that a rideshare company violated your rights, you may file a Driver Rights Complaint.

As a rideshare company, you must offer paid sick time to drivers.

• At a minimum, you must provide each driver with one hour of paid sick time for every 40 hours of recorded passenger platform time.
• You must pay the drivers’ average hourly compensation for each hour of paid sick time used.
  • Average hourly compensation is based on the driver’s compensation during passenger platform time during the 365 days immediately prior to the day the paid sick time is used, divided by the total hours of passenger platform time the driver worked on that company’s platform during that period.
  • Tips and gratuities are not included in the calculation of average hourly compensation.
• You must allow drivers to use their paid sick time to care for themselves or their family members once they record 90 hours of passenger platform time. Once drivers become eligible to use accrued paid sick time, you must make paid sick time accruals available to drivers for use in a manner consistent with your established payment intervals or paid sick time records management system.
• Authorized uses of paid sick time include:
  • A driver’s own:
    • Absence resulting from mental or physical illness, injury, or health condition.
    • Need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition.
    • Need for preventive medical care.
  • To allow a driver to provide care for a family member:
    • With a mental or physical illness, injury, or health condition.
    • Needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition.
    • Needs preventive medical care.
  • When a child’s school or daycare is closed by order of a public official for any health-related reason.
  • Time that qualifies under Washington's Domestic Violence Leave Act.
  • During a deactivation or other status that prevents the driver from performing network services, unless the deactivation or status is due to a verified allegation of sexual assault or physical assault perpetrated by the driver.
• You must pay drivers their paid sick time no later than 14 calendar days or the next regularly scheduled date of compensation following the requested hours or days of earned paid sick time.
• Drivers’ unused paid sick time balances of 40 hours or less must carry over to the next calendar year. Companies may offer a more generous carryover policy.
• Drivers must be allowed to use earned paid sick time simultaneously for multiple rideshare companies at the same time.
• Drivers must have access to any unused earned paid sick time if there is less than a 365-day gap between recording passenger platform time.
• Drivers cannot be retaliated against for exercising their paid sick time rights.

Required notifications

For drivers hired on or after Jan. 1, 2023, rideshare companies must notify each driver of their right to paid sick time before the driver begins performing network services on the company’s platform.

For existing drivers, rideshare companies must notify each driver no later than Jan. 1, 2023, of their right to paid sick time.

These notifications must be through an accessible system.

This initial notification must explain:

• Drivers are legally entitled to paid sick time.
• How much paid sick time they will earn.
• When they may use paid sick time.
• Rideshare companies are prohibited from retaliating against drivers for using paid sick time for any reason allowed by this law, or for exercising other driver rights within the Minimum Wage Act.

Rideshare companies must also provide drivers with a notification, at least once a month, which explains how much:

• Paid sick time they earned since their last notice.
• Paid sick time they used since their last notice.
• Unused paid sick time is available to them.
• They were paid per hour for any paid sick time used since their last notice and the calculation used to determine the rate.
• They could expect to receive per hour for paid sick time used during the month following the statement, and the calculation use to determine the rate.

Companies may use regular payroll statements to notify drivers.

Do I need a written sick time policy?

If you are implementing a basic paid sick time policy, you may not need a written policy. However, you must have a written paid sick time policy if your business does any of the following:

• Requires verification for paid sick time absences lasting longer than three days.
• Provides drivers access to paid sick time before it has accrued (i.e., frontloading).
• Uses a paid time off program.
• Offers a shared leave program for drivers.
• Uses a third party administrator to administer earned paid sick time.

Note: An agreement with a third party administrator can satisfy the written policy requirement.

Verification policy

If you require the driver to provide verification for their paid sick time usage within a reasonable time period (not less than 10 calendar days) when their use of paid sick time exceeds three consecutive calendar days, you must have a written policy. You must notify drivers in advance and have this information readily available through an accessible system before requesting verification, and it must explain drivers have the right, prior to requesting the paid sick time, to claim the verification requirement creates an unreasonable burden or expense on the driver.

If a driver believes getting verification would result in an unreasonable burden or expense, the driver can provide a written explanation to indicate the absence is for an authorized purpose and explain why verification would result in an unreasonable burden or expense.

Note: You cannot request verification if the paid sick time usage occurs during an eligible account deactivation period or other status that prevents the driver from providing network services to the company.

Paid time off (PTO) programs

PTO programs combine driver’s paid sick time with other time off, such as vacation time, into a single pool of paid time off. This combined time off can typically be used for any reason allowed by the rideshare company, but must also be available to be used to meet minimum paid sick time requirements.

Companies are not required to provide additional PTO to a driver if the driver has used all available PTO, as long as the PTO program meets the minimum paid sick time requirements.

If you offer a PTO program to meet the state’s paid sick time requirements, you must have a written policy. The policy must include the same minimum accrual rate, average hourly compensation, carryover, notification, and access requirements.

Frontloading policy

You may frontload or provide drivers access to their paid sick time before they accrue it if you include it in your written paid sick time policy. With frontloaded paid sick time, you should project how many hours the driver would normally accrue during the period of time you are frontloading. You must notify drivers in advance and have this information readily available through an accessible system before frontloading paid sick time.

Shared paid sick time policy

You may provide employees the ability to share their sick leave with other employees. To offer this benefit, you must include it in your written paid sick leave policy. This policy allows employees to donate or receive accrued or even frontloaded paid sick leave from their coworkers. You must notify drivers in advance and have this information readily available through an accessible system before allowing a driver to donate or use shared paid sick time.

Note: An agreement with a third party administrator can satisfy the written policy requirement.

Retaliation is prohibited

The rights of drivers to make a claim against a rideshare company are protected under the Minimum Wage Act. It is unlawful for a rideshare company to interfere with, restrain, or deny the exercise of any driver’s rights, including the use of paid sick team. L&I is required to investigate all such claims.

It is unlawful for a rideshare company to:

• Adopt or enforce any policy that counts the use of paid sick time as time off the platform that may lead to or result in temporary or permanent deactivation.
• Take any adverse action against a driver because they:
  • Exercised their rights provided or in connection with RCW 49.46.300 and RCW 49.46.210(5).
  • Intended to file, file a complaint, or take private action against the rideshare company.
  • Testified or intended to testify in any proceeding related to any rights under the law.

Any actions taken to prevent a driver from exercising their rights, or preventing them from lawfully using their paid sick time may be subject to investigation and civil penalties.

If a driver suspects the rideshare company has retaliated against them, they can file a Driver Rights Complaint.