Family, Medical and Parental Leaves Law Summaries
Rhode Island, Family, Medical and Parental Leaves Law Summaries
Rhode Island's parental and family medical leave law is codified in the General Laws of Rhode Island at Title 28, Chapter 48, Sections 28-48-1-28-48-10. The full text of the law is available beginning at Employment Practices Guide ¶41-22,450.01 .
The Family Military Leave Act took effect June 23, 2008 (Title 30, Ch. 33).
See ¶41-1400 for provisions relating to breastfeeding in the workplace.
DEFINITIONS
“Employee” means any full-time employee who works an average of 30 or more hours per week (Sec. 28-48-1).
“Employer” means (Sec. 28-48-1):
any person, sole proprietorship, partnership, corporation or other business entity that employs 50 or more employees;
the state of Rhode Island (including the executive, legislative and judicial branches), and any state department or agency that employs any employees;
any city or town or municipal agency that employs 30 or more employees; and
any person who acts directly or indirectly in the interest of any employer.
“Family leave” means leave because of the serious illness of a family member (Sec. 28-48-1).
“Family member” means a parent, spouse, child, mother-in-law, father-in-law, or the employee himself or herself, and, with respect to employees of the state, shall include domestic partners (Sec. 28-48-1(5), as amended by Ch. 189 (H. 7804), L. 2005, effective June 28, 2006).
“Parental leave” means leave because of the birth of a child of an employee or the placement of a child age 16 or less with an employee for adoption (Sec. 28-48-1).
The following definitions apply only to the Family Military Leave Act:
“Employee” means any person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit to engage in any employment. “Employee” does include an independent contractor. “Employee” includes an employee of a covered employer who has been employed by the same employer for at least 12 months, and has been employed from at least 1,250 hours of service during a 12-month period immediately preceding the commencement of leave (Sec. 30-33-2, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
“Employee benefits” means all benefits, other than salary or wages, provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance and pensions, regardless of whether benefits are provided by a policy or practice of an employer (Sec. 30-33-2, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
“Employer” means any person, partnership, corporation, association, other business entities, the state of Rhode Island, Rhode Island municipalities, and other units of local government (Sec. 30-33-2, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
“Family military leave” means leave requested by an employee who is the spouse or parent of a person called to military service lasting longer than 30 days with the state of Rhode Island or the United States pursuant to the orders of the governor of Rhode Island or the President of the United States (Sec. 30-33-2, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
COVERAGE
Private employers as well as the state are covered by Rhode Island's parental and family medical leave law (Sec. 28-48-1).
PROCEDURES
Certification.- The employer may ask an employee to provide written certification from a physician caring for the person who is the reason for the employee's leave. Certification must specify the probable duration of the employee's leave (Sec. 28-48-2).
WHAT THE EMPLOYER MUST DO
Parental and family leave.- Parental leave or family leave granted under Rhode Island's parental and family medical leave law may be unpaid. If an employer provides paid parental leave or family leave for fewer than 13 weeks, the additional weeks of leave added to attain the total of 13 weeks required may be unpaid (Sec. 28-48-2).
Every employee who has been employed by the same employer for 12 consecutive months is entitled, upon advance notice to the employer, to 13 consecutive workweeks of parental leave or family leave in any two calendar years (Sec. 28-48-2).
During parental leave or family leave, the employer must maintain any existing health benefits of the employee in force for the duration of leave as if the employee had continued in employment from the date he or she began leave until the date he or she returns to employment. Prior to beginning parental leave or family leave, the employee must pay to the employer a sum equal to the premium required to maintain the employee's health benefits during the period of leave. The employer must return payment to the employee within 10 days following the employee's return (Sec. 28-48-3).
Every employee who takes parental leave or family leave under Rhode Island law is entitled to be restored, upon the expiration of leave, to the position held when the leave began, or to a position with equivalent seniority, status, employment benefits, pay and other terms and conditions of employment, including fringe benefits and service credits that the employee had been entitled to at the beginning of leave (Sec. 28-48-3).
It is unlawful for an employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by Rhode Island's parental and family medical leave law (Sec. 28-48-5).
It is unlawful for an employer to discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for exercising any right under or for opposing any practice made unlawful by Rhode Island's parental and family medical leave law (Sec. 28-48-5).
Adoption leave.- Any employer who allows sick time or sick leave of an employee to be utilized after the birth of a child must allow the same time to be used for the placement of a child 16 years of age or less with an employee in connection with the adoption of the child by the employee (Sec. 28-48-11, as added by S. 2717, L. 1995).
School involvement leave.- An employee who has been employed by the same employer for 12 consecutive months is entitled to a total of 10 hours of leave during any 12-month period to attend school conferences or other school-related activities for a child of whom the employee is the parent, foster parent or guardian (Sec. 28-48-12, as added by S. 244, L. 1999, effective June 23, 1999, and H. 5270, L. 1999, effective June 30, 1999).
The employee must provide 24 hours' prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer (Sec. 28-48-12, as added by S. 244, L. 1999, effective June 23, 1999, and H. 5270, L. 1999, effective June 30, 1999).
School involvement leave need not be paid, but an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of school involvement leave (Sec. 28-48-12, as added by S. 244, L. 1999, effective June 23, 1999, and H. 5270, L. 1999, effective June 30, 1999).
Family military leave.- Any employer, as defined in Sec. 30-33-2, that employs between 15 and 50 employees shall provide up to 15 days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave (Sec. 30-33-3(a), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
Any employer, as defined in Sec. 30-33-2, that employs more than 50 employees shall provide up to 30 days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave (Sec. 30-33-3(b), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
The employee shall give at least 14 days' notice of the intended date upon which family military leave will commence if the leave will consist of five or more consecutive workdays. Where able the employee shall consult with the employer to schedule the leave not to unduly disrupt the operations of the employer. Employees taking military family leave for less than five consecutive days shall give the employer advances notice as is practicable. The employer may require certification from the proper military authority to verify the employee's eligibility to take the requested family military leave (Sec. 30-33-3(c), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
An employee shall not take leave as provided under this act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave or time, and any other leave that may be granted to the employee, with the exception of sick leave and disability leave (Sec. 30-33-3(d), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
Employee benefits protection.- Any employee who exercises the right to family military leave under this act, upon the expiration of their leave, shall be entitled to restoration, by the employer, to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored as provided in this section because of conditions unrelated to the employee's exercise of rights under this act (Sec. 30-33-4(a), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
During any family military leave taken under this act, the employer shall make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave (Sec. 30-33-4(b), as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
Prohibited actions.- An employer shall not interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this act. An employer shall not discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee that exercises any right provided under this act. An employer shall not discharge, fine, suspend, expel or discipline or in any other manner discriminate against any employee for opposing any practice made unlawful under this act (Sec. 30-33-5, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
Enforcement.- A civil action may be brought to the state court having jurisdiction by any employee to enforce this act. The court may enjoin any act or practice that violates or may violate this act and may order any other equitable relief that is necessary and appropriate to redress the violation or to enforce this act (Sec. 30-33-6, as added by Ch. 061 (H. 7774), L. 2007, enacted and effective June 23, 2008).
NOTICE
Leave requests.- An employee must give at least 30 days' notice of the intended date upon which parental leave or family leave will begin and end, unless prevented by medical emergency from giving notice (Sec. 28-48-2).
See also WHAT THE EMPLOYER MUST DO, School involvement leave, above.
ENFORCEMENT
A civil action may be brought in the superior court by an employee or by the Director of the Department of Labor and Training against any employer to enforce Rhode Island's parental and family medical leave provisions or any order issued by the director to protect employee rights. The court may enjoin any act or practice in violation of the parental and family medical leave provisions, and may order other equitable relief necessary.
If, after giving an employer written notice and an opportunity to be heard, the director finds that the employer has failed to comply with any provision of the law, the director may issue such orders as necessary to protect employee rights (Sec. 28-48-7).
POSTING
Each employer must post, in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, an agency-approved notice setting forth the pertinent provisions of Rhode Island's parental and family medical leave law and information pertaining to the filing of a charge (Sec. 28-48-10).
See ¶41-9900 for a copy of the notice.
PENALTIES
Any employer who violates any provision of Rhode Island's parental and family medical leave law, or any order issued by the Director of the Department of Labor and Training to protect an employee, is subject to a civil penalty of not more than $1,000. For continuing violations, each day is a separate and distinct offense (Sec. 28-48-8).
Posting.- Any employer that willfully fails to meet the law's posting requirements will be assessed a civil money penalty not to exceed $100 for each separate offense (Sec. 28-48-10).
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