Overview: Rhode Island has signed into law House Bill 5413 (Healthy and Safe Families and Workplaces Act), requiring employers in the state with more than 18 employees to provide eligible employees with three days of paid sick and safe leave effective July 1, 2018.
Covered Employees: All employees, except independent contractors, subcontractors, work study participants, apprenticeships, interns, employees of the state or a municipality, construction workers covered by collective bargaining agreements, and certain individuals licensed to practice nursing.
Pay During Leave: During sick leave, employers with 18 or more employees must pay employees at the same hourly rate and with the same benefits—including health care benefits—as the employee normally earns during hours worked. Smaller employers aren’t required to provide pay during the leave.
Accruals:
- One hour of paid sick leave beginning on the first day of employment for each 35 hours worked (up to a maximum of 24 hours) in 2018.
- The maximum annual accrual increases from 24 hours in 2018 to 32 hours in 2019 and to 40 hours thereafter.
Relationship to Existing PTO Policies:
Employers can use their existing paid time off policies to satisfy the law, as long as it:
- Allows employees to access and accrue sick leave equaling or greater than the rate required by the law; and
- Permits employees to use leave for all of the purposes covered by the law.
Call to Action: Please review all of the Rhode Island requirements for paid sick leave to ensure compliance. Your legal counsel can advise you as to whether your company’s existing sick leave policy and pay statement display meets these requirements. If you have any questions regarding this alert, please contact your Service Team.