Washington CareDrivers: Paid Sick Time
May 8 2024 11:52pm • Est. Read Time: 3 MINPaid sick time Driver notifications.
(1) Transportation network companies must notify each driver of the driver's entitlement to paid sick time, the rate at which the driver will accrue paid sick time, the authorized purposes for which paid sick time may be used, and that retaliation by the transportation network company for the driver's lawful use of paid sick time and other rights provided under chapter 49.46 RCW, and all applicable rules, is prohibited.
PROVIDE NOTICE OF:
Rate of accrual:
A driver must accrue at least one hour of paid sick time for every 40 hours of passenger platform time worked.
Drivers are entitled to use accrued paid sick time upon recording 90 hours of passenger platform time and must have used the platform within the 90 days preceding the driver’s request to use the time.
Drivers may use accrued hours in increments of a minimum of 4 or more hours, and no more than 8 hours in one day.
"Passenger platform time" means the period of time when the driver is transporting one or more passengers on a trip, or portion of a trip, as follows:
(a) For a dispatched trip with a passenger pick-up location in Washington the entirety of the trip, regardless of the passenger drop- off location; and
(b) For a dispatched trip with a passenger pick-up location out- side of Washington, the portion of passenger platform time and mileage that occurs within Washington.A transportation network company must pay drivers their average hourly compensation for each hour of paid sick time used.
"Average hourly compensation" means a driver's compensation during passenger platform time for, or facilitated by, the transportation network company during the 365 days immediately prior to the day that paid sick time is used, divided by the total hours of passenger platform time worked by the driver on that transportation network company's driver platform during that period. A transportation network company may also calculate the "average hourly compensation" by adopting a consistent practice of dividing the last 12 full calendar months immediately prior to the day that paid sick time is used by the total hours of passenger platform time worked by the driver on that transportation network company's driver platform during that period. "Average hourly compensation" includes fare boost and incentive pay. "Average hourly compensation" does not include tips or reimbursements.
Authorized Purpose which sick time can be used for:
(a) An absence resulting from the driver's mental or physical illness, injury, or health condition; to accommodate the driver's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or a driver's need for preventive medical care;
(b) To allow the driver to provide care for an authorized family member under RCW 49.46.210 with a mental or physical illness, injury, or health condition; care of a family member who needs 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;
(c) When the driver's child's school or place of care has been closed by order of a public official for any health-related reason;
(d) For absences for which an employee would be entitled to leave under RCW 49.76.030;
(e) During an account deactivation or other status that prevents the driver from performing network services on the transportation network company's platform, unless the deactivation or status is due to a verified allegation of sexual assault or physical assault perpetrated by the driverRetaliation from TNC for lawful use of Paid Sick Time is Prohibited