Section 296-128-740 - Third-party administrators(1) Employers may contract with a third-party administrator in order to administer the paid sick leave requirements under RCW 49.46.180, 49.46.200, and 49.46.210, and all applicable rules.(2) Employers are not relieved of their obligations under RCW 49.46.200 and 49.46.210, and all applicable rules, if they elect to contract with a third-party administrator to administer paid sick leave requirements. With the consent of employers, third-party administrators may pool an employee's accrued, unused paid sick leave from multiple employers as long as the accrual rate is at least equal to one hour of paid sick leave for every 40 hours worked as an employee. For example, if a group of employers have employees who perform work for various employers at different times, the employers may choose to contract with a third-party administrator to track the hours worked and rate of accrual for paid sick leave for each employee, and pool such accrued, unused paid sick leave for use by the employee when the employee is working for any employers in the same third-party administrator network.(3) A collective bargaining agreement may outline the provisions for an employer to use a third-party administrator as long as such provisions meet all paid sick leave requirements under RCW 49.46.180, 49.46.200, and 49.46.210, and all applicable rules.(4) An employer may utilize a third-party administrator in order to meet separation payout requirements under RCW 49.46.210 (1)(l) (effective January 1, 2024) and applicable rules.(5) Under the terms of a collective bargaining agreement, an employer may meet its obligation to meet separation payout requirements under RCW 49.46.210 (1)(l) (effective January 1, 2024) and applicable rules by providing the third-party administrator a payment of any accrued unused leave, including regular payments meant to satisfy paid sick leave payment requirements. The third-party administrator may maintain a leave balance the employee may access after the separation of employment subject to the terms of the collective bargaining agreement.Wash. Admin. Code § 296-128-740
Adopted by WSR 17-21-092, Filed 10/17/2017, effective 1/1/2018Amended by WSR 23-24-044, Filed 11/30/2023, effective 1/1/2024