Updates

Paid Sick and Safe Time (PSST) for Gig Workers working in Seattle

July 8 / Seattle

Paid sick and safe time in Seattle

Per local regulations, you can now accrue paid sick and safe time, dating back to Oct 2019. Accrue one day for every 30 (non-consecutive) days you drive with Uber. Completing at least one trip or delivery in the city of Seattle counts as one day.

Eligibility

You must have taken at least 1 trip or delivery in the city of Seattle in the last 90 days1.

1Per the Ordinance, certain exclusions may apply.

Payment per day of sick and safe time

Daily average of earnings within your highest-earning month since October 2019. This average is recalculated monthly.

Claiming paid sick and safe time

Claims start at [4 AM PT]. You will receive separate payments for each day. Each payment will be processed within 14 days of your claim. Carry over up to 9 days per year.

Ending paid sick and safe time

Once you complete a trip or delivery, your paid time is canceled. Any unused days will be added back to your balance.

Scope of Policy

This policy applies to all qualified drivers and delivery people working in Seattle and is intended to provide notification and information regarding the PSST Ordinance for Gig Workers. Uber policy is to comply with the Ordinance, and information provided in this policy is intended to be compliant with the Ordinance. More details regarding the Ordinance can be found here.

Section I- Purpose of the PSST for Gig Worker Ordinance; about PSST

On June 12, 2020, in response to the COVID-19 public health emergency, the City of Seattle enacted the Paid Sick and Safe Time for Gig Workers Ordinance (“Ordinance”). This temporary law goes into effect on July 13, 2020, and allows certain gig workers access to paid sick and paid safe time (PSST) from their hiring entities (here “Uber”).

Qualified gig workers (“Worker”) have a right to use PSST in 24-hour increments for any reason covered by the Ordinance, including but not limited to:

  • To care for themselves or a family member for a physical or mental health condition, including a doctor’s appointment.
  • To care for themselves, a family member, or a household member for reasons related to domestic violence, sexual assault, or stalking.
  • When their family member’s school or place of care has been closed.
  • If the company reduces, suspends, or discontinues operations for health or safety-related reasons.

For paid sick and for paid safe time, “family member” includes the following individuals, without regard to age: spouse, registered domestic partner, child, stepchild, foster child, sibling, parent, grandparent, grandchild, and parent-in-law.

For paid and safe time only, “household member” includes child, stepchild, foster child, sibling, parent, stepparents, stepchildren, grandparents, grandchildren, current and former spouses and domestic partners, persons who have a child in common, adult persons related by blood or marriage, adult persons who have resided or are residing together, and persons 16 years of age or older who are or were residing together and who are or were in a dating relationship.

Section II- Worker Coverage

For the purpose of the Ordinance, covered workers under this policy are limited to those who perform work for Uber, where the work is performed in whole or part in Seattle, which means work that includes a work-related stop in Seattle.

Section III- Accrual of Paid Sick and Paid Safe time, Uber’s choice of year

In accordance with the Ordinance, Workers are entitled to accrue paid sick and paid safe time until 180 days after the termination of the civil emergency proclaimed by the Mayor on March 3, 2020, or the termination of any concurrent civil emergency proclaimed by a public official in response to the COVID-19 public health emergency and applicable to the City, whichever is latest.

Workers who commenced work for Uber before July 13, 2020, shall begin accruing paid sick and paid safe time on October 1, 2019, or upon commencement of work, whichever is later, and shall accrue one day of paid sick and paid safe time for every 30 days worked.  A day worked under the Ordinance and this policy is any calendar day that a Worker accepts an offer of prearranged delivery or transportation services for compensation with Uber, where the work is performed in whole or in part in Seattle.

Workers may carry over nine days of accrued unused paid sick and paid safe time to the following calendar year2.

  • Unless otherwise established by Uber in writing, “year” is defined as a calendar year. 
  • If Uber transitions from one type of year to another for the purpose of carrying-over accrued, unused paid sick and paid safe time, Uber will ensure that the transition process maintains the accrual, use, carryover, and other requirements of the Ordinance. 
  • If a Worker carries over unused paid sick and paid safe time to the following year, accrual of paid sick and paid safe time in the subsequent year shall be in addition to the hours accrued in the previous year and carried over.

If Uber quits, sells out, exchanges, or disposes its business, or its business is otherwise acquired by a successor, a Worker shall retain all accrued, unused paid sick and paid safe time and is entitled to use such paid sick and paid safe time as provided in the Ordinance.

Under the Ordinance, A Worker is entitled to use accrued paid sick and paid safe time if the Worker has performed work for the hiring entity, here Uber, where the work performed in whole or part in Seattle, within 90 calendar days preceding the Worker’s request to use paid sick and paid safe time. A Worker who has performed work in whole or part in Seattle within the previous 90 days can request PSST leave via the Uber app.

2 Per the Ordinance and for the purpose of clarification, “year” means calendar year, fiscal year, service year, or any other fixed consecutive 12-month period established by Uber, and used in the ordinary course of its business for the purpose of calculating compensation to the Worker.

Section IV- Confidentiality and Nondisclosure

Except as provided below, Uber will maintain the confidentiality of information provided by the Worker or others in support of the Worker’s request for paid sick and paid safe time, including but not limited to health information of the Worker or Worker’s family member, the fact that the Worker or Worker’s family member is a victim of domestic violence, sexual assault, or stalking, the fact that the Worker requested or obtained paid sick and paid safe time under the Ordinance, and any written or oral Statement, documentation, record, or corroborating evidence provided by the Worker.

  • Under the Ordinance, information given by a Worker may be disclosed by Uber only if it is:
    • Requested or consented to by the Worker; 
    • Ordered by a court or administrative agency; or 
    • Otherwise required by applicable federal or state law.

Section V- Separation from work

In accordance with the terms of the Ordinance, if a Worker separates from work due to inactivity, deactivation, or other reason, and commences working again within 12 months of separation from Uber:

  • Previous work shall be counted for purposes of determining the Worker’s eligibility to use accrued paid sick time and safe time, under Section III, except that if separation does occur, the total time of work used to determine eligibility shall occur within three years. 
  • Previously accrued, unused paid sick and paid safe time shall be retained  by the Worker and Worker is entitled to use such paid sick and paid  safe time, if the Worker performed work for Uber, and where the work was performed in whole or in part in Seattle, within 90 calendar days preceding the Worker’s request to use paid sick and paid safe time. A Worker is entitled to use paid sick and paid safe time during a deactivation or other status that prevents work for the hiring entity, unless such status is due to a verified allegation of sexual assault prepetrated by the Worker.

If a Worker separates from work and commences work after 12 months of separation from Uber, the Worker is not entitled to retain previously accrued paid sick and paid safe time and for the purpose of the Ordinance the Worker shall be considered to have newly commenced work.

Section VI- Verification request

In the event that Worker uses more than three consecutive days of paid sick and paid safe time, Uber may require reasonable verification that the Worker used paid sick time and paid safe time for an authorized purpose covered by the Ordinance. If Uber requests the documentation that accrued PSST hours are being used for a reason that is covered by law, the Worker is not required to provide documentation explaining the nature of the illness, injury, health condition, or preventive care.

Under the Ordinance Uber shall not require verification from a health care provider during a civil emergency proclaimed by a public official in response to COVID-19; it shall automatically be considered an unreasonable burden for hiring entities to require verification from a health care provider when a public official has proclaimed a civil emergency in response to COVID-19. 

Section VII- Notice of Rights

In addition to this policy, Uber will provide monthly notification through the Uber app of the Worker’s average daily compensation, and accrued, used, and available PSST.

Section VIII- Retaliation prohibited

Uber shall not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under the Ordinance.  Uber will not adopt or enforce any policy that counts the use of paid sick and paid safe time as an event that may lead or result in discipline or other adverse action against the Worker.

In addition, Uber will not take any adverse action against any person because the Worker has exercised in good faith the rights protected under the Ordinance.  Uber will not communicate to a person exercising rights protected under the Ordinance, directly or indirectly, the willingness of to inform a government worker that the person is not lawfully in the United States, or to report, or to make an implied or express assertion of a willingness to report, suspected citizenship or immigration status of a Worker or family member of the Worker to a federal, state, or local agency because the Worker has exercised a right under the Ordinance.

Section IX- Enforcement power and duties

The Office of Labor Standards (OLS) and any division therein (“Agency”) shall have the power to investigate violations of this Ordinance and shall have such powers and duties in the performance of these functions as are defined in the Ordinance and otherwise necessary and proper in the performance of the same and provided for by law.

The Agency is authorized to coordinate implementation and enforcement of this Ordinance and may make known guidelines or rules for such purposes.

Furthermore, the Office of Labor Standards is responsible for enforcing the Ordinance and ensuring that Workers are not retaliated against for using PSST. A Worker who experiences a violation of PSST rights may file a complaint with OLS or file a lawsuit. 

OLS also provides free technical assistance, brochures, posters, and other resources. For more information from OLS, call 206-256-5297 or visit here.

Section IX- PSST Questions

Workers with questions about the Ordinance and/or PSST benefits may reach out to Uber and/or Uber Eats support in addition to the OLS links provided elsewhere in this policy.