Rhode Island paid sick leave guidelines are laid out in the Healthy and Safe Families and Workplace Act, which requires employers to provide up to 40 hours of sick and safe leave per year under Rhode Island Gen. Laws § 28-57-1. Whether this leave must be paid depends on employer size, with different requirements for businesses with more or fewer than 18 employees.
The law establishes comprehensive protection for workers while considering the varying capacities of different sized businesses. These requirements create a framework that supports both workplace operations and employee well-being.
Common Questions About Rhode Island Paid Sick Leave
Understanding Rhode Island paid sick leave requirements is essential for maintaining workplace compliance and supporting employee well-being. The law establishes specific guidelines based on employer size while providing comprehensive worker protections. Here’s what you need to know to stay compliant.
Who can take paid sick leave in Rhode Island?
All employees in Rhode Island, including part-time and temporary employees, can take this leave, except:
- Independent contractors and subcontractors
- Certain work-study participants
- Municipal or state employees
- Certain nurses who have no obligation to work a regular schedule
- Some apprentices and interns
Which employers have to provide this leave?
All employers must provide this leave to Rhode Island employees. The type of leave required depends on size, determined by the highest two quarters of the previous year: employers with fewer than 18 employees can provide unpaid leave, while those with 18 or more employees must provide paid leave.
How much leave do employers need to provide?
Employees accrue one hour of sick and safe leave for every 35 hours worked, up to 40 hours per year. Accrual includes all paid hours, including holiday pay, personal time, sick time, and vacation time. Exempt employees are presumed to work 40 hours weekly unless their normal schedule consists of fewer hours.
What can Rhode Island paid sick leave be used for?
Employees can use leave to care for their own or a family member’s mental or physical illness, injury, or health condition, including diagnosis, treatment, and preventative care. The leave also covers workplace or school closures due to public health emergencies, quarantine orders, and situations related to domestic violence, sexual assault, or stalking.
How does this relate to other types of leave?
Employers can use a paid time off policy that provides at least as much leave and allows for the same reasons. Those providing at least 40 hours of PTO or vacation time usable for sick leave don’t need to provide additional leave if employees use their time for other purposes, provided their policy clearly states this.
Can employers limit how many hours of sick leave employees use in a year?
Employers can limit employees to using 40 hours of sick and safe leave per year. While the law doesn’t specify a total accrual cap, the annual usage limit applies.
Can employers provide all the leave at once instead of letting it accrue?
Employers have several options for providing leave. They can frontload the full amount at the year’s start, eliminating carryover requirements. Alternatively, they can provide monthly lump sums based on average working hours, from 1 to 8 hours monthly depending on schedule:
- 37.5 and 40 hours per week, the employer can provide 8 hours per month for 5 months.
- 30 hours per week, the employer can provide 5 hours per month for 8 months.
- 24 hours per week, the employer can provide 4 hours per month for 10 months.
- 20 hours per week, the employer can provide 4 hours per month for 9 months.
- 16 hours per week, the employer can provide 3 hours per month for 10 months.
- 10 hours per week, the employer can provide 2 hours per month for 10 months.
- 5 hours per week, the employer can provide 1 hour per month for 10 months.
For employers with regular workdays shorter than 8 hours, they can provide 5 days of leave based on their standard workday length.
Do employers have to carry over unused leave?
Employees can carry over unused leave subject to the 40-hour use cap. However, carryover isn’t required if employers pay out unused leave and frontload the full 40 hours at the start of the next year.
What is the smallest amount of leave an employee can use?
Employers can require four-hour minimum increments, provided this requirement isn’t unreasonable under the circumstances.
What notice do employers and employees need to provide?
Employers must post information about sick leave rights and include their policy in any employee handbook. For foreseeable leave (known 24 hours in advance), employees must provide notice and attempt to minimize disruption to operations. For unforeseeable leave, employers must have a written policy outlining notification procedures.
What verification can employers ask for?
For absences exceeding three consecutive workdays, employers can require verification if they’ve previously notified employees of this requirement in writing. Verification may also be required for leave taken within two weeks of scheduled separation, though this can’t create unreasonable burden or expense. Healthcare provider notes must be accepted as sufficient, and employers can’t require details about specific medical conditions or domestic violence situations.
Are employees’ jobs and benefits protected when they take this leave?
Yes, employees’ jobs are protected. While unused leave isn’t paid out at separation, employers must reinstate previously accrued leave if employees are rehired within 135 days. Employers can loan sick leave to employees before they accrue it.
Simplify Rhode Island Paid Sick Leave with SixFifty
Navigating Rhode Island paid sick leave requirements can be complex, especially with varying requirements based on employer size and multiple options for leave administration. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements while reducing the administrative burden on your HR team. We’re here to keep you compliant—even as paid sick leave laws change.
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