WA paid sick leave for independent gig drivers

The state of Washington has passed a first-of-its kind law giving ride share independent contractors state paid sick leave.

Beginning in 2023, independent contractors/drivers will accrue one hour of paid sick leave for every 40 hours worked. They may begin taking the earned paid sick leave after recording 90 hours of passenger time. Drivers may carry over up to 40 hours of unused paid sick leave into the next calendar year.

Drivers may take the leave for the following reasons:

• The driver’s own condition, to obtain a diagnosis, care, or treatment, or for preventive care
• To care for a family member’s condition, to obtain a diagnosis, care, treatment, or for preventive care
• When a driver’s child’s school/daycare is closed for health-related reasons,
• During a deactivation that prevents the driver from working, or
• Domestic violence-related reasons.

Family members include:

• A child, including a biological, adopted, or foster child, stepchild, or a child to whom the driver stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;
• A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of a driver or the driver's spouse or registered domestic partner, or a person who stood in loco parentis when the driver was a minor child;
• A spouse;
• A registered domestic partner;
• A grandparent;
• A grandchild; and
• A sibling.

Drivers may use the paid sick leave in increments of a minimum of four or more hours. The company may not request verification of a driver’s condition unless the absence is longer than three days.

The company must establish an accessible system for drivers to request and use the paid sick leave, available via smartphone and online. The company must, monthly, provide drivers with the current rate of compensation, amount of paid sick leave available and used, and the amount taken from the driver’s pay for the paid sick leave.

The company is prohibited from taking a negative employment action against a driver who exercises paid sick leave rights.