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PDFWAC 296-128-99210

Paid sick time 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.
(2) Transportation network companies must provide such a notification via an accessible system. For drivers hired on or after January 1, 2023, transportation network companies must notify each driver of such rights no later than the commencement of the driver performing passenger platform time. For existing drivers, the transportation network company must notify each driver no later than January 1, 2023.
(3) No less than monthly, transportation network companies must provide each driver with notification via a communication system detailing:
(a) The amount of paid sick time accrued since the last notification;
(b) The amount of paid sick time reductions since the last notification;
(c) The amount of unused earned paid sick time available for use;
(d) The average hourly compensation rate applied to any paid sick time used since the last notification and the calculation used to identify such rate; and
(e) The driver's expected average hourly rate of compensation for paid sick time use during the month following the statement, and the calculation used to identify such rate.
(4) Transportation network companies may satisfy the notification requirements by providing this information in regular pay statements.
(5) If a transportation network company chooses to frontload paid sick time to a driver in advance of accrual:
(a) The transportation network company must make notification to a driver via an accessible system no later than the end of the period for which the frontloaded paid sick time was intended to cover, establishing that the amount of paid sick time frontloaded to the driver was at least equal to the accrual rate under RCW 49.46.210; and
(b) The transportation network company is not relieved of its obligation to provide notification, not less than monthly, of the paid sick time available for use by the driver.
(6) A transportation network company must satisfy all notification requirements in RCW 49.46.210(5) and related rules for drivers with an account deactivation.
[Statutory Authority: RCW 49.46.300(16) and chapter 49.46 RCW. WSR 22-24-034, ยง 296-128-99210, filed 11/30/22, effective 1/1/23.]
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