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Rhode Island Enacts Paid Sick Leave Law

07/01/18

Author: ADP Admin/Monday, July 2, 2018/Categories: State Compliance Update, Rhode Island

Rhode Island has joined the growing list of states and municipalities that have enacted paid sick leave laws. Under the Healthy and Safe Families and Workplaces Act, signed by Governor Gina Raimondo, employers with at least 18 employees must provide their employees with paid sick leave. The new law goes into effect July 1, 2018.

Covered Employers

Employers with fewer than 18 employees are not required to provide paid time off; however, such employers cannot take an adverse action against an employee based solely on an employee’s use of paid sick time up to the maximum accrual allowed under the Act.

Covered Employees

“Employee” includes any person suffered to work or permitted to work by an employer. Temporary and seasonal employees are covered. Excluded are independent contractors, subcontractors, work study participants and interns.

Use

Under the Act, covered employers must allow employees to use paid sick time: for 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 a public health emergency; and for reasons relating to domestic violence, sexual assault or stalking. The employer may set a minimum increment for the use of leave, not to exceed 4 hours per day, provided such minimum is “reasonable” under the circumstances.

Accrual

The amount of paid sick time an employee can accrue is being phased in over a three-year period. Employees accrue one hour of paid sick time for every 35 hours worked, up to a maximum of 24 hours during calendar year 2018. The maximum accrual increases to 32 hours during calendar year 2019 and to 40 hours each year thereafter. The Act also provides a lump sum alternative to tracking accruals.

Notice

The Department of Labor and Training shall develop and implement a multilingual outreach program to inform employers, employees, parents and persons who are under the care of a health care provider about the availability of paid sick and safe leave time under this chapter. This program shall include the distribution of notices and other written materials in English and in all languages spoken by more than five percent (5%) of Rhode Island's population and any language deemed appropriate by the department to all child care and elder care providers, domestic violence shelters or victim services organizations, schools, hospitals, community health centers and other health care providers. Guidance from the Department has not yet been issued.

Existing Policies, Lump Sum

Employers that provide a lump sum amount of paid time off at the start of each benefit year equivalent to the accrual amount required under the Act do not need to track accrual, allow carry-over or pay out upon termination.

A copy of the law can be found here:

http://webserver.rilin.state.ri.us/BillText/BillText17/HouseText17/H5413Baa.pdf

Coverage: Employers and Employees in Rhode Island as described above.

Effective: July 1, 2018.

Action Required: Employers with covered employees should review their policies, forms and practices to ensure compliance. Further State guidance interpreting the new law is still forthcoming. Additional information regarding the law can also be found in our Sick Leave Toolkit, which includes Frequently Asked Questions and model sick leave policies for jurisdictions with sick leave laws. The Toolkit is available on FormSource in the Leave and Return to Work section or in your Forms Library, as applicable.

As always please contact your Human Resources Business Partner if you have any questions.

Produced in cooperation with Jackson Lewis P.C.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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