Paid Sick and Safe Leave Law Impacts Covered Rhode Island Employers

The Healthy and Safe Families and Workplaces Act (HSFWA), which went into effect July 1, 2018, requires covered Rhode Island employers to provide paid sick and safe leave to eligible employees (including full-time, part-time, seasonal, and temporary employees).

Employers with 18 or more employees are required to allow eligible employees to accrue up to a maximum of 40 hours per year. Under the legislation and final regulations, covered employers with fewer than 18 employees will be required to protect unpaid time off used by eligible employees for covered reasons under the HSFWA in the same amounts.

The legislation explicitly states that no municipality shall establish, mandate, or otherwise require an employer to provide paid sick leave benefits in excess of those required under the HSFWA. Also, employers are not prohibited from offering a paid sick and safe leave time policy that provides greater rights or benefits than those provided for in the HSFWA.

Employees are protected from adverse action including retaliation for exercising their rights under the Healthy and Safe Families and Workplace Act.

Accruing time for paid sick leave

Covered Rhode Island employers must allow eligible employees to accrue one hour of sick leave for every 35 hours worked. Employees who are exempt from overtime requirements under the Fair Labor Standards Act are presumed to work 40 hours per week, unless their employer dictates a shorter normal work week.

Employees must be permitted to carry over accrued but unused sick and safe leave from one year to the next year. However, employers may choose to cap the use of sick and safe leave at 40 hours per year. Alternatively, employers may choose to provide the maximum amount of sick and safe leave to eligible employees at the start of each year (frontloading) and avoid accrual and carry over requirements.

When can employees in Rhode Island use paid sick leave?

Employees in Rhode Island may use this sick and safe leave under a variety of circumstances. These include:

• The worker's physical or mental health needs, need for diagnosis (preventive) care or treatment;
• A family member's mental or physical illness, or care for a family member who needs diagnosis (preventive) care or treatment;
• The closure of the employee's place of business or her/his child's school due to a public health emergency; or
• Time off when the employee or a family member is a victim of domestic violence, sexual assault, or stalking.

Waiting period for new hires

Under the HSFWA, employers may mandate a 90-day waiting period for newly hired workers, during which they may not use accrued sick and safe leave. Businesses can extend this waiting period to 150 days for seasonal employees and 180 days for temporary employees. The waiting period must be communicated to new hires in writing.

Food employees

The final regulations cite different notice and documentation requirements related to the use of sick leave for “food employees” as defined under the Rhode Island Food Code.

As July 1 approaches, Rhode Island employers should be prepared to comply with the new law and final regulations, as well as monitor for additional resources from the Rhode Island Department of Labor and Training.

This article originally was published in June 2018.