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After much deliberation and compromise, Rhode Island has finally joined its fellow New England neighbors Massachusetts and Connecticut, in adopting a sick leave law.
Signed by Governor Raimondo on September 28th, the law would take take effect on
July 1st, 2018 and would provide the following:
- For employers with 18 or more employees, earn 1 hour of "paid sick and safe leave" time for every 35 hours worked (as opposed to 30 hours under previous versions of the bill); or allows for an alternative accrual approach as follows:
- Thirty-seven and one-half (37.5) to forty (40) hours per week, provide eight (8) hours per month for five (5) months;
- Thirty (30) hours per week, provide five (5) hours per month for eight (8) months
- Twenty-four (24) hours per week, provide four (4) hours per month for ten (10) months;
- Twenty (20) hours per week, provide four (4) hours per month for nine (9) months;
- Sixteen (16) hours per week, provide three (3) hours per month for ten (10) months;
- Ten (10) hours per week, provide two (2) hours per month for ten (10) months;
- Five (5) hours per week, provide (one) (1) hour per month for ten (10) months.
- For employers with fewer than 18 employees, would be required to provide a minimum of 3 days of unpaid time per year;
- For new hires, time would begin to accrue upon commencement of employment
- As a matter of policy, an employer could impose a waiting period of no greater than ninety (90) days;
- Could earn up to:
- 24 hours during calendar year 2018;
- 32 hours during calendar year 2019;
- 40 hours during calendar year 2020.
- Allows for the time to be used for:
- An Employee's mental or physical illness, injury or condition;
- Care of a family member with a mental or physical illness, injury or condition;
- Closure of the employee's place of business due to a public health emergency or to care for a child whose school has been closed due to a public health emergency;
- Care for employee or member of employee's family who is a victim of domestic violence, sexual assault or stalking.
- Can required time be used in minimum of 4 hour increments "provided the increment is reasonable under the circumstances";
- Allows employers the option of "front loading" the time or providing the time in a lump sum at the beginning of a year;
- For accrual-based policies: carry over unused time from one year to the next;
- For lump sum policies: allow employers the option (as a matter of policy) to pay out unused time at the end of each year (in lieu of a carryover);
- Provides job and anti-retaliation protections to employees seeking to take time in accordance with the bill's provisions;
- Require employers to provide written notice to employees an also display a poster about the rights and protections
- Exempts seasonal employers from providing sick leave as well as independent contractors, subcontractors, work study participants, interns and
The law does provide employers with the ability to meet the minimum requirements through an existing paid leave time off policy provided that the scope of the benefit is sufficient to meet the accrual requirements and can be used for the reasons and in accordance with the same notice and documentation obligations and protections as outlined in the law. In this regard, "reasonable documentation" couldn't be required of employees to produce unless more than three (3) consecutive days were taken (though exceptions allow for documentation when time is taken within two (2) weeks of their termination of employment).
We will keep you posted on further developments.
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