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Rhode Island Leave Laws

laws

Vacation

No federal or state law requires employers to provide paid or unpaid vacation time for their employees. However, if employers choose to offer a vacation leave, paid or unpaid, to their employees it must comply with applicable state law or employment contract. 

The rollover policy

  • Statutory Provisions Addressing Vacation Pay

Accrued vacation time is considered wages after one year of completed service (R.I. Gen. Laws § 28-14-4(b)).

  • Use-It-or-Lose-It Policy

The state of Rhode Island has no statute governing the policy.

  • Payment of Accrued Vacation on Termination

After one year of service, employers must pay separated employees accrued vacation time awarded by either:

A collective bargaining agreement.

Written or verbal company policy.

Any other written or verbal agreement between the employer and employee.

(R.I. Gen. Laws § 28-14-4(b).)

 

Accruals

Sick Leave

Rhode Island Paid Sick Leave Laws

It applies to employers with 18 or more employees and all full-time, part-time, seasonal and temporary employees.

Employers are required to give 40 hours per year and the maximum usage per year is also 40 hours.

Sick leave covers the following reasons:

an employee’s or family member’s illness, injury, or health condition; when the employee’s workplace or a child’s school is closed due to public health emergency; and for reasons relating to domestic violence, sexual assault, or stalking.  

 

Maternity, Paternity, FMLA

In addition to the Family and Medical Leave Act (FMLA) and the Pregnancy Discrimination Act, Rhode Island has the following laws regarding Maternity and Paternity Leave:

The Parental and Family Medical Leave Act (PFMLA)

Employers with 50 or more employees are required to provide employees who work an average of 30 or more hours per week and have been employed for at least 12 consecutive months with 13 consecutive workweeks of unpaid leave in any two calendar years. The parental and family medical leave can be taken for:

  • The birth of the employee’s child
  • The placement of a child who is 16 years old or under with the employee for adoption
  • The serious illness of a family member (including a parent, spouse, child, parent-in-law or the employee).

Employees must be reinstated to a position with equivalent seniority, status, employment benefits, pay and other related terms and conditions of employment, including fringe benefits and service credits

The employer is required to maintain any existing health benefits of the employee during any period of parental or family leave.

Employees are required to provide 30 days notice prior to leave. Employers may request that an employee provide a written certification from a physician specifying the probable duration of leave.

Pregnancy Accommodation

Rhode Island’s Fair Employment Practices Act (FEPA) requires employers with 4 or more employees to provide reasonable accommodation to employees with conditions related to pregnancy, childbirth, or a related medical condition.

Employers must provide employees with time off from work to recover childbirth if it is requested by the employee. An employer is not allowed to request the employee to take leave if another reasonable accommodation is available. 

Reasonable accommodations may include more frequent or longer breaks, time off to recover from childbirth, acquisition or modification of equipment, seating, temporary transfer to a less strenuous or hazardous position, job restructuring, light-duty, break time and private non-bathroom space for expressing breast milk, assistance with manual labor, or modified work schedules.

Rhode Island Temporary Disability Insurance 

Employees who are temporarily unable to work due to pregnancy or childbirth are entitled to receive a portion of their regular pay up to 30 workweeks.

Rhode Island Temporary Caregiver Insurance is a part of the Rhode Island Temporary Disability Insurance (TDI) program. It provides employees with up to 4 weeks of paid leave for caregiving, including parenting a new child.

Jury Duty Leave

An employer may not terminate or cause an employee to lose wage increases, promotions, longevity benefits or any other payment due to him or her because he or she was called for jury duty. Leave is unpaid.

 

Bereavement Leave

No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.

Voting Leave

Rhode Island does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.

Military Leave

Rhode Island provides job protections to members of the state military forces, National Guard, and U.S. military reserves, in addition to Uniformed Services Employment and Reemployment Rights Act. 

Military members must be provided unpaid leave for military service or training. An employee who requests reinstatement within 40 days after completing military duties must be restored to his or her previous position (or a position of the same status, pay, and seniority).