In Case You Missed It: Washington State Expands Paid Family and Medical Leave to Ridesharing Drivers until 2029 Via a Pilot Program

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Benjamin S. Levine

August 15, 2024

Washington State’s Paid Family and Medical Leave program (PFML)
Under the PFML, employees in Washington State have access to paid family leave.  An employee must have worked at least 820 hours in the State of Washington during the qualifying period[1] to be eligible for benefits under the program.

PFML for Ridesharing Drivers
In May 2023, Washington State Governor Jay Inslee signed a bill (HB 1570) that will guarantee ridesharing drivers (e.g., Uber drivers) – referred to as “transportation network drivers” in the new law – up to 12 weeks of paid time off for a medical event or birth of a child.  The law also codifies the right to unemployment benefits for ridesharing drivers.  Washington State is the first State to enforce mandatory paid family and medical leave, along with unemployment benefits, for ridesharing drivers.  The new law went into effect July 1, 2024 and expires December 31, 2028.[2]  See RCW 46.72B.200.

This paid family and medical leave program for ridesharing drivers is a pilot program Washington State’s Employment Security Department will administer.  Key provisions of the law include the following requirements:

• To participate in the program, drivers will have to file a written notice of election of coverage with the State and opt into both family and medical leave.  RCW 46.72B.200(5)-(6).
• Drivers will have to pay premiums into the program because they are not considered employees and will be reimbursed by the ridesharing companies.  RCW 46.72B.200(2)(d).
• To be eligible for the program, a driver must have worked at least 820 hours in Washington State during either the first four of the past five quarters, or the last four quarters. The total hours worked will be calculated by taking total earnings and dividing them by Washington State’s minimum wage.  RCW 46.72B.200(7).

Uber and Lyft support the new law and worked with lawmakers and drivers to craft the legislation.

The author of this article, Benjamin S. Levine, is a member of the Bars of Pennsylvania and New Jersey.  This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, New Jersey, Washington, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist.  Always consult an attorney with specific legal issues.

[1] Qualifying period is defined as “the first four of the last five completed calendar quarters or, if eligibility is not established, the last four completed calendar quarters immediately preceding the application for leave.”  RCW 50A.05.010(21).

[2] The ESD will submit a report to the Legislature with its findings and policy recommendations regarding the program by September 1, 2027.