Seattle Washington Municipal Code 14.16.010 – Definitions
03/18/2020 – 01/01/2025
For purposes of this Chapter 14.16:
“Adverse action” means denying a job or promotion, demoting, terminating, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, engaging in unfair immigration-related practices, filing a false report with a government agency, changing an employee’s status to nonemployee, or otherwise discriminating against any person for any reason prohibited by Section 14.16.055. “Adverse action” for an employee may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment.
“Agency” means the Office of Labor Standards and any division therein.
“Aggrieved party” means an employee or other person who suffers tangible or intangible harm due to an employer or other person’s violation of this Chapter 14.16.
“Business” and “engaging in business” have the same meanings as in Chapter 5.30.
“City” means The City of Seattle.
“City department” means any agency, office, board, or commission of the City, or any Department employee acting on its behalf, but “City department” does not mean a public corporation chartered under Ordinance 103387 as amended, or its successor ordinances, or any contractor, consultant, concessionaire, or lessee.
“Director” means the Director of the Office of Labor Standards or the Director’s designee.
“Employ” means to suffer or permit to work.
“Employee” means any individual employed by an employer, including but not limited to full-time employees, part-time employees, and temporary workers. An alleged employer bears the burden of proof that the individual is, as a matter of economic reality, in business for oneself (i.e. independent contractor) rather than dependent upon the alleged employer.
“Employer” means any individual, partnership, association, corporation, business trust, or any entity, person or group of persons, or a successor thereof, that employs another person and includes any such entity or person acting directly or indirectly in the interest of an employer in relation to an employee.
1. More than one entity may be the “employer” if employment by one employer is not completely disassociated from employment by the other employer.
2. For purposes of this Chapter 14.16, “employer” does not include any of the following:
a. The United States government;
b. The State of Washington, including any office, department, agency, authority, institution, association, society, or other body of the state, including the legislature and the judiciary;
c. Any county or local government other than the City.
“Frontloading” means providing an employee with paid sick and paid safe time before it has accrued at the rate required by Section 14.16.025.
“Front pay” means the compensation the employee would earn or would have earned if reinstated to the employee’s former position.
“Full-time equivalent” means the number of hours worked for compensation that add up to one full-time employee, based either on an eight-hour day and a five-day week or as full-time is defined, in writing or in practice, by the employer.
“Overtime eligible” means employees who are covered by the overtime provisions of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and the Washington Minimum Wage Act, chapter 49.46 RCW.
“Overtime exempt” means employees who are exempt from the overtime provisions of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and the Washington Minimum Wage Act, chapter 49.46 RCW.
“Paid sick time” means accrued hours of paid leave provided by an employer for use by an employee for an absence from work for any of the reasons authorized in subsection 14.16.030.A.1, for which time an employee shall be compensated at the employee’s normal hourly compensation and with the same benefits, including health care benefits, as the employee would have earned during the time the paid leave is taken. Compensation shall only be required for hours that an employee is scheduled to have worked.
1. For purposes of determining eligibility for “paid sick time,” “family member” means a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
a. “Child” means a biological child, adopted child, foster child, stepchild, or a child to whom an employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
b. “Parent” means a biological parent, adoptive parent, de facto parent, foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
“Paid safe time” means accrued hours of paid leave provided by an employer for use by an employee for an absence from work for any of the reasons specified in subsection 14.16.030.A.2, for which time an employee shall be compensated at the employee’s normal hourly compensation and with the same benefits, including health care benefits, as the employee would have earned during the time the paid leave is taken.
1. For purposes of determining eligibility for “paid safe time” for absences that qualify for leave under subsection 14.16.030.A.2.c, “family member” means a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.
a. “Child” means a biological child, adopted child, foster child, stepchild, or a child to whom an employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status.
b. “Parent” means a biological parent, adoptive parent, de facto parent, foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child.
2. For purposes of determining eligibility for “paid safe time” for absences that qualify for leave under subsection 14.16.030.A.2.d:
a. “Family member” means, as defined in RCW 49.76.020, any individual whose relationship to the employee can be classified as a child, spouse, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.
b. “Household members” means, as defined in RCW 49.76.020 and RCW 26.50.010, spouses, domestic partners, former spouses, former domestic partners, persons who have a child in common regardless of whether they have been married or have lived together at any time, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.
c. “Domestic violence” means:
1) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members;
2) Sexual assault of one family or household member by another; or
3) Stalking of one family or household member by another family or household member.
d. “Stalking” means stalking as defined in RCW 49.76.020.
e. “Dating relationship” means a social relationship of a romantic nature, as defined in RCW 49.76.020.
f. “Sexual assault” means sexual assault as defined in RCW 49.76.020.
“Rate of inflation” means 100 percent of the annual average growth rate of the bi-monthly Seattle-Tacoma-Bremerton Area Consumer Price Index for Urban Wage Earners and Clerical Workers, termed CPI-W, for the 12-month period ending in August, provided that the percentage increase shall not be less than zero.
“Respondent” means an employer or any person who is alleged or found to have committed a violation of this Chapter 14.16.
“Successor” means any person to whom an employer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys in bulk and not in the ordinary course of the employer’s business, a major part of the property, whether real or personal, tangible or intangible, of the employer’s business. For purposes of this definition, “person” means an individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, corporation, business trust, partnership, limited liability partnership, company, joint stock company, limited liability company, association, joint venture, or any other legal or commercial entity.
“Tier 1,” “Tier 2,” and “Tier 3” employers are defined as follows:
1. “Tier 1 employer” means an employer that employs at least one employee and fewer than 50 full-time equivalents, regardless of where those employees are employed, on average per calendar week.
2. “Tier 2 employer” means an employer that employs at least 50 and fewer than 250 full-time equivalents, regardless of where those employees are employed, on average per calendar week.
3. “Tier 3 employer” means an employer that employs 250 or more full-time equivalents, regardless of where those employees are employed, on average per calendar week.
“Wage” means compensation due to an employee by reason of employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value, subject to such deductions, charges, or allowances as may be permitted by rules of the Director.
“Written” or “writing” means a printed or printable communication in physical or electronic format, including but not limited to a communication that is transmitted through email, text message, or a computer system, or that is otherwise sent and maintained electronically.
“Year” means calendar year, fiscal year, benefit year, employment year, or any other fixed consecutive 12-month period established by the employer or collective bargaining agreement, and used in the ordinary course of the employer’s business for the purpose of calculating wages and benefits. Unless otherwise established by the employer in the written policy and procedure required by subsection 14.16.045.C, “year” is defined as calendar year. If the employer transitions from one type of year to another for the purpose of providing paid sick and paid safe time benefits, the employer must ensure that the transition process maintains the accrual, use, carry-over, and other requirements of this Chapter 14.16.
Seattle Washington Municipal Code 14.16.020 – Employer tier determination
01/14/2018 – 01/01/2025
A. An employee who is not covered by this Chapter 14.16 shall be included in any determination of employer tier.
B. The employment of at least one employee establishes coverage by this Chapter 14.16. The determination of employer tier for the current calendar year is calculated based upon the average number per calendar week of full-time equivalents who worked for compensation during the preceding calendar year for any and all weeks during which at least one employee worked for compensation. For employers that did not have any employees during the previous calendar year, the employer tier will be calculated based upon the average number per calendar week of full-time equivalents who worked for compensation during the first 90 calendar days of the current year in which the employer engaged in business.
C. To determine the number of full-time equivalents, all hours worked for compensation by all employees shall be counted, including but not limited to:
1. Work performed inside the City;
2. Work performed outside the City; and
3. Work performed in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency or similar entity.
D. Separate entities that form an integrated enterprise shall be considered a single employer under this Chapter 14.16. Separate entities will be considered an integrated enterprise and a single employer under this Chapter 14.16 where a separate entity controls the operation of another entity. The factors to consider in making this assessment include, but are not limited to:
1. Degree of interrelation between the operations of multiple entities;
2. Degree to which the entities share common management;
3. Centralized control of labor relations; and
4. Degree of common ownership or financial control over the entities.
Seattle Washington Municipal Code 14.16.025 – Accrual of Paid Sick Time and Paid Safe Time
01/14/2018 – 01/01/2025
A. All employees of Tier 1, Tier 2, and Tier 3 employers have the right to paid sick time and paid safe time as provided in this Section 14.16.025.
B. Employees shall accrue paid leave, to be used as paid sick and paid safe time, as follows:
1. Employees of a Tier 1 or Tier 2 employer shall accrue at least one hour of paid sick and paid safe time for every 40 hours worked.
2. Employees of a Tier 3 employer shall accrue at least one hour of paid sick and paid safe time for every 30 hours worked.
C. An employer may provide paid sick and paid safe time in advance of accrual provided that such frontloading meets or exceeds the requirements of this Chapter 14.16 for accrual, use, and carry over of paid sick and paid safe time.
D. An employer shall not be required to credit paid sick and paid safe time for overtime exempt employees for hours worked beyond a 40-hour work week. If an overtime exempt employee’s normal work in a work week is less than 40 hours, paid sick time and paid safe time accrues based upon that particular employee’s normal work week.
E. Paid sick time and paid safe time as provided in this Section 14.16.025 shall begin to accrue at the commencement of employment.
F. Except as provided in Section 14.16.040, an employee shall be entitled to use accrued paid sick time and paid safe time beginning on the 90th calendar day after the commencement of employment. When an employee is separated from employment and rehired within 12 months of separation by the same employer, the previous period of employment shall be counted for purposes of determining the employee’s eligibility to use accrued paid sick time and safe time under this subsection 14.16.025.F, provided that if separation does occur, the total time of employment used to determine eligibility must occur within three calendar years.
G. Unused paid sick time and paid safe time shall be carried over to the following year; however, no Tier 1 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 40 hours, no Tier 2 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 56 hours and no Tier 3 employer shall be required to allow an employee to carry over a combined total of paid sick time and paid safe time in excess of 72 hours.
H. A Tier 1 or Tier 2 employer with a combined or universal paid leave policy, such as a paid time off (PTO) policy, is not required to provide additional paid sick and paid safe time, provided that:
1. Available paid leave may be used for the same purposes and under the same conditions as paid sick and paid safe time as set forth in Section 14.16.030; and
2. Paid leave is accrued at the rate consistent with subsection 14.16.025.B.1; and
3. Any accrued but unused paid leave may be carried over to the following year consistent with subsection 14.16.025.G.
I. A Tier 3 employer with a combined or universal paid leave policy, such as a PTO policy, is not required to provide additional paid sick and paid safe time, provided that:
1. Available paid leave may be used for the same purposes and under the same conditions as paid sick and paid safe time as set forth in Section 14.16.030; and
2. Paid leave is accrued at a rate consistent with subsection 14.16.025.B.2; and
3. Any accrued but unused paid leave may be carried over to the following year; however no Tier 3 employer with a combined or universal paid leave policy shall be required to carry over unused leave in excess of 108 hours.
J. Nothing in this Section 14.16.025 shall be construed as requiring financial or other reimbursement to an employee from an employer upon the employee’s termination, resignation, retirement, or other separation from employment for accrued paid sick and paid safe time that has not been used.
K. When an employee is transferred to a separate division, entity, or location within the geographic boundaries of the City, or transferred out of the geographic boundaries of the City and then transferred back to a division, entity, or location within the geographic boundaries of the City, but remains employed by the same employer, the employee is entitled to all paid sick and paid safe time accrued at the prior division, entity, or location and is entitled to use all paid sick and paid safe time as provided in this Chapter 14.16.
L. When there is a separation from employment and the employee is rehired within 12 months of separation by the same employer, previously accrued paid sick and paid safe time that had not been used shall be reinstated. Further, the employee shall be entitled to use accrued paid sick and paid safe time and accrue additional sick and safe time immediately upon the re-commencement of employment, provided that the employee had previously been eligible to use paid sick and paid safe time. If there is a separation of more than 12 months, an employer shall not be required to reinstate accrued paid sick and paid safe time and for the purposes of this Chapter 14.16 the rehired employee shall be considered to have newly commenced employment.
M. When an employer quits, sells out, exchanges, or disposes the employer’s business, or the employer’s business is otherwise acquired by a successor, an employee shall retain all accrued paid sick and paid safe time and is entitled to use all paid sick and paid safe time as provided in this Chapter 14.16 for work scheduled within the geographic boundaries of the City for the successor employer.
N. Subject to terms and conditions established by the employer, the employer may, but is not required to, loan paid sick time and paid safe time to the employee in advance of accrual by such employee.
Seattle Washington Municipal Code 14.16.030 – Use of Paid Sick Time and Paid Safe Time
03/18/2020 – 01/01/2025
A. 1. Paid sick time shall be provided to an employee by an employer. An employee is authorized to use paid sick time for the following reasons:
a. An absence resulting from an employee’s mental or physical illness, injury, or health condition; to accommodate the employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care; and
b. To allow the employee to provide care of a family member 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 of a family member who needs preventive medical care.
2. Paid safe time shall be provided to an employee by an employer. An employee is authorized to use paid safe time for the following reasons:
a. When the employee’s place of business has been closed by order of a public official, for any health-related reason, to limit exposure to an infectious agent, biological toxin, or hazardous material;
b. When the employee’s place of business for a Tier 3 employer has reduced operations or closed for any health- or safety-related reason;
c. When the employee’s family member’s school or place of care has been closed; and
d. For any of the following reasons related to domestic violence, sexual assault, or stalking, as set out in RCW 49.76.030:
1) To enable the employee to seek legal or law enforcement assistance or remedies to ensure the health and safety of the employee or the employee’s family or household members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault, or stalking;
2) To enable the employee to seek treatment by a health care provider for physical or mental injuries caused by domestic violence, sexual assault, or stalking, or to attend to health care treatment for a victim who is the employee’s family or household member;
3) To enable the employee to obtain, or assist a family or household member in obtaining, services from a domestic violence shelter, rape crisis center, or other social services program for relief from domestic violence, sexual assault, or stalking;
4) To enable the employee to obtain, or assist a family or household member in obtaining, mental health counseling related to an incident of domestic violence, sexual assault, or stalking, in which the employee or the employee’s family or household member was a victim of domestic violence, sexual assault, or stalking; or
5) To enable the employee to participate in safety planning, temporarily or permanently relocate, or take other actions to increase the safety of the employee or employee’s family or household members from future domestic violence, sexual assault, or stalking.
B. Paid sick time and paid safe time shall be provided upon the request of an employee. When possible, an employee’s request shall include the expected duration of the absence. An employer may require an employee to provide reasonable notice of an absence from work, and comply with the employer’s usual and customary notice and procedural requirements for absences and/or requesting leave, provided that such requirements do not interfere with the purposes for which the paid sick and paid safe time is needed.
1. If the paid leave is foreseeable, the employee must provide a written request at least ten days, or as early as possible, in advance of the paid leave, unless the employer’s normal notice policy requires less advance notice.
2. If the paid leave is unforeseeable, the employee must provide notice as soon as is practicable and must generally comply with an employer’s reasonable normal notification policies and/or call-in procedures, provided that such requirements do not interfere with the purposes for which the leave is needed.
C. For overtime eligible employees, accrued paid sick time and paid safe time shall be used in hourly increments or, if an employer’s payroll system tracks compensation in increments of less than one hour, in the smallest increment in which compensation is tracked. For overtime exempt employees, an employer may make deductions of paid sick time and paid safe time in accordance with state and federal laws. For overtime exempt public employees, paid sick time and paid safe time must be used in accordance with a pay system established by statute, ordinance, or regulation, or by a policy or practice established pursuant to the principles of public accountability.
D. When the use of accrued time is foreseeable, the employee shall make a reasonable effort to schedule the use of paid sick time or paid safe time in a manner that does not unduly disrupt the operations of the employer.
E. For use of paid sick time of more than three consecutive days for a reason set out in subsection 14.16.030.A.1, an employer may require reasonable verification that the employee’s use of paid sick time is for an authorized purpose covered by subsection 14.16.030.A.1. If an employer requires reasonable verification, such verification must be provided to the employer within a reasonable time period during or after the leave. An employer’s requirements for reasonable verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law. Documentation signed by a health care provider indicating that sick time is necessary, and other documentation authorized pursuant to rules issued by the Director, shall be considered reasonable verification.
1. An employer may not require that the documentation explain the nature of the illness.
2. For any employee who is not offered health insurance by the employer, the employer and the employee shall each pay half the cost of any out-of-pocket expense incurred by the employee in obtaining the employer-requested documentation. These expenses are limited to the cost of services provided by health care providers, the services of health care facilities, testing prescribed by health care providers, and transportation to the location where such services are provided. An employee who has declined to participate in the health insurance program offered by the employer shall not be entitled to reimbursement for out-of-pocket expenses.
F. For use of paid safe time of more than three consecutive days for a reason set out in subsection 14.16.030.A.2, an employer may require reasonable verification that the employee’s use of paid safe time is for an authorized purpose covered by subsection 14.16.030.A.2. If an employer requires reasonable verification, such verification must be provided to the employer within a reasonable time period during or after the leave. An employer’s requirements for reasonable verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
1. An employer may require that requests under subsections 14.16.030.A.2.a through 14.16.030.A.2.c be supported by verification of a notice of reduced operations or closure and the employee may satisfy this verification request by providing the notice, or a copy of the notice, in whatever format the employee received it.
2. An employer may require that requests under subsection 14.16.030.A.2.d be supported by verification that the employee or employee’s family or household member is a victim of domestic violence, sexual assault, or stalking, and that the leave taken was for one of the purposes covered by subsection 14.16.030.A.2.d. An employee may satisfy this verification requirement by one or more of the following methods:
a. An employee’s written statement that the employee or the employee’s family or household member is a victim of domestic violence, sexual assault, or stalking and that the leave taken was for one of the purposes of subsection 14.16.030.A.2.d;
b. A police report indicating that the employee or employee’s family or household member was a victim of domestic violence, sexual assault, or stalking;
c. A court order protecting or separating the employee or employee’s family or household member from the perpetrator of the act of domestic violence, sexual assault, or stalking, or other evidence from the court or the prosecuting attorney that the employee or employee’s family or household member appeared, or is scheduled to appear, in court in connection with an incident of domestic violence, sexual assault, or stalking; or
d. Documentation that the employee or the employee’s family or household member is a victim of domestic violence, sexual assault, or stalking, from any of the following persons from whom the employee or employee’s family or household member sought assistance in addressing the domestic violence, sexual assault, or stalking: an advocate for victims of domestic violence, sexual assault, or stalking; an attorney; a member of the clergy; or a medical or other professional. The provision of documentation under this Section 14.16.030 does not waive or diminish the confidential or privileged nature of communications between a victim of domestic violence, sexual assault, or stalking with one or more of the individuals named in this subsection 14.16.030.F.2.d.
G. Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts during the same or next pay period without using available paid sick or paid safe time for the original missed hours or shifts. However, the employer may not require the employee to work such additional hours or shifts. Should the employee work additional shifts, the employer shall comply with any applicable federal, state, or local laws concerning overtime pay.
H. Nothing in this Chapter 14.16 shall be construed to prohibit an employer from establishing a policy whereby employees may voluntarily exchange assigned hours or “trade shifts.”
I. An employer may not ask, or require as a condition of an employee taking paid sick and paid safe time, that the employee search for or find a replacement worker to cover the hours during which the employee uses paid sick and paid safe time.
J. Nothing in this Chapter 14.16 shall be construed to prohibit an employer from establishing a policy whereby employees may donate unused accrued paid sick and paid safe time to another employee.
K. Each time wages are paid, employers shall provide each employee with written notification stating an updated amount of paid sick and paid safe time available to each employee for use as either paid sick time or paid safe time. The updated amount shall include accrued paid sick and paid safe time since the last notification, reduced paid sick and paid safe time since the last notification, and any unused paid sick and paid safe time available for use. Employers may choose a reasonable system for providing this notification, including, but not limited to, listing available paid leave on each pay stub or developing an online system where employees can access their own paid leave information.
Wash. Rev. Code § 49.46.210. Paid sick leave–Authorized purposes–Limitations–“Family member” defined
01/01/2024 – 03/12/2024
(1) Beginning January 1, 2018, except as provided in RCW 49.46.180, every employer shall provide each of its employees paid sick leave as follows:
(a) An employee shall accrue at least one hour of paid sick leave for every forty hours worked as an employee. An employer may provide paid sick leave in advance of accrual provided that such front-loading meets or exceeds the requirements of this section for accrual, use, and carryover of paid sick leave.
(b) An employee is authorized to use paid sick leave for the following reasons:
(i) An absence resulting from an employee’s mental or physical illness, injury, or health condition; to accommodate the employee’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee’s need for preventive medical care;
(ii) To allow the employee to provide care for a family member 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; and
(iii) When the employee’s place of business has been closed by order of a public official for any health-related reason, or when an employee’s child’s school or place of care has been closed for such a reason.
(c) An employee is authorized to use paid sick leave for absences that qualify for leave under the domestic violence leave act, chapter 49.76 RCW.
(d) An employee is entitled to use accrued paid sick leave beginning on the ninetieth calendar day after the commencement of his or her employment.
(e) Employers are not prevented from providing more generous paid sick leave policies or permitting use of paid sick leave for additional purposes.
(f) An employer may require employees to give reasonable notice of an absence from work, so long as such notice does not interfere with an employee’s lawful use of paid sick leave.
(g) For absences exceeding three days, an employer may require verification that an employee’s use of paid sick leave is for an authorized purpose. If an employer requires verification, verification must be provided to the employer within a reasonable time period during or after the leave. An employer’s requirements for verification may not result in an unreasonable burden or expense on the employee and may not exceed privacy or verification requirements otherwise established by law.
(h) An employer may not require, as a condition of an employee taking paid sick leave, that the employee search for or find a replacement worker to cover the hours during which the employee is on paid sick leave.
(i) For each hour of paid sick leave used, an employee shall be paid the greater of the minimum hourly wage rate established in this chapter or his or her normal hourly compensation. The employer is responsible for providing regular notification to employees about the amount of paid sick leave available to the employee.
(j) Except as provided in (l) of this subsection, accrued and unused paid sick leave carries over to the following year, but an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.
(k) Except as provided in (l) of this subsection, an employer is not required to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon the employee’s termination, resignation, retirement, or other separation from employment. When there is a separation from employment and the employee is rehired within 12 months of separation by the same employer, whether at the same or a different business location of the employer, previously accrued unused paid sick leave shall be reinstated and the previous period of employment shall be counted for purposes of determining the employee’s eligibility to use paid sick leave under subsection (1)(d) of this section. For the purposes of this subsection (1)(k), “previously accrued and unused paid sick leave” does not include sick leave paid out to a construction worker under (l) of this section.
(l) For workers covered under the North American industry classification system industry code 23, except for North American industry classification system code 236100, residential building construction, who have not met the 90th day eligibility under (d) of this subsection at the time of separation, the employer must pay the former worker the balance of their accrued and unused paid sick leave at the end of the established pay period, pursuant to RCW 49.48.010(2), following the worker’s separation.
(2) For purposes of this section, “family member” means any of the following:
(a) A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status;
(b) A biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
(c) A spouse;
(d) A registered domestic partner;
(e) A grandparent;
(f) A grandchild; or
(g) A sibling.
(3) An employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in discipline against the employee.
(4) An employer may not discriminate or retaliate against an employee for his or her exercise of any rights under this chapter including the use of paid sick leave.
(5)(a) The definitions in this subsection apply to this subsection:
(i) “Average hourly compensation” means a driver’s compensation during passenger platform time from, 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. “Average hourly compensation” does not include tips.
(ii) “Driver,” “driver platform,” “passenger platform time,” and “transportation network company” have the meanings provided in RCW 49.46.300.
(iii) “Earned paid sick time” is the time provided by a transportation network company to a driver as calculated under this subsection. For each hour of earned paid sick time used by a driver, the transportation network company shall compensate the driver at a rate equal to the driver’s average hourly compensation.
(iv) For purposes of drivers, “family member” means any of the following:
(A) 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;
(B) 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;
(C) A spouse;
(D) A registered domestic partner;
(E) A grandparent;
(F) A grandchild; or
(G) A sibling.
(b) Beginning January 1, 2023, a transportation network company must provide to each driver operating on its driver platform compensation for earned paid sick time as required by this subsection and subject to the provisions of this subsection. A driver shall accrue one hour of earned paid sick time for every 40 hours of passenger platform time worked.
(c) A driver is entitled to use accrued earned paid sick time upon recording 90 hours of passenger platform time on the transportation network company’s driver platform.
(d) For each hour of earned paid sick time used, a driver shall be paid the driver’s average hourly compensation.
(e) A transportation network company shall establish an accessible system for drivers to request and use earned paid sick time. The system must be available to drivers via smartphone application and online web portal.
(f) A driver may carry over up to 40 hours of unused earned paid sick time to the next calendar year. If a driver carries over unused earned paid sick time to the following year, accrual of earned paid sick time in the subsequent year must be in addition to the hours accrued in the previous year and carried over.
(g) A driver is entitled to use accrued earned paid sick time if the driver has used the transportation network company’s platform as a driver within 90 calendar days preceding the driver’s request to use earned paid sick time.
(h) A driver is entitled to use earned paid sick time for the following reasons:
(i) 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 an employee’s need for preventive medical care;
(ii) To allow the driver to provide care for a family member 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;
(iii) 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;
(iv) For absences for which an employee would be entitled for leave under RCW 49.76.030; and
(v) During a 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 driver.
(i) If a driver does not record any passenger platform time in a transportation network company’s driver platform for 365 or more consecutive days, any unused earned paid sick time accrued up to that point with that transportation network company is no longer valid or recognized.
(j) Drivers may use accrued days of earned paid sick time in increments of a minimum of four or more hours. Drivers are entitled to request four or more hours of earned paid sick time for immediate use, including consecutive days of use. Drivers are not entitled to use more than eight hours of earned paid sick time within a single calendar day.
(k) A transportation network company shall compensate a driver for requested hours or days of earned 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.
(l) A transportation network company shall not request or require reasonable verification of a driver’s qualifying illness except as would be permitted to be requested of an employee under subsection (1)(g) of this section. If a transportation network company requires verification pursuant to this subsection, the transportation network company must compensate the driver for the requested hours or days of earned paid sick time no later than the driver’s next regularly scheduled date of compensation after satisfactory verification is provided.
(m) If a driver accepts an offer of prearranged services for compensation from a transportation network company during the four-hour period or periods for which the driver requested earned paid sick time, a transportation network company may determine that the driver did not use earned paid sick time for an authorized purpose.
(n) A transportation network company shall provide each driver with:
(i) 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;
(ii) An updated amount of accrued earned paid sick time since the last notification;
(iii) Reduced earned paid sick time since the last notification;
(iv) Any unused earned paid sick time available for use; and
(v) Any amount that the transportation network company may subtract from the driver’s compensation for earned paid sick time. The transportation network company shall provide this information to the driver no less than monthly. The transportation network company may choose a reasonable system for providing this notification, including but not limited to: A pay stub; a weekly summary of compensation information; or an online system where drivers can access their own earned paid sick time information. A transportation network company is not required to provide this information to a driver if the driver has not worked any days since the last notification.
(o) A transportation network company may not adopt or enforce any policy that counts the use of earned paid sick time as an absence that may lead to or result in any action that adversely affects the driver’s use of the transportation network.
(p) A transportation network company may not take any action against a driver that adversely affects the driver’s use of the transportation network due to his or her exercise of any rights under this subsection including the use of earned paid sick time.
(q) The department may adopt rules to implement this subsection.
