American workers have the right to take unpaid leave from their jobs for a variety of reasons – mostly related to health and family matters. Unlike most industrialized countries, however, paid leave is typically not required in the U.S. – at least not under the federal Family and Medical Leave Act (FMLA).
Fortunately, some states – including Rhode Island – mandate many employers to allow workers to accrue and use some paid leave time.
The Healthy and Safe Families and Workplaces Act
Rhode Island’s Healthy and Safe Families and Workplaces Act requires employers who have 18 employees or more to allow employees to accrue up to 40 hours of “sick and safe leave” annually. Employees can continue to accrue additional leave time after they’ve reached their cap, and they can carry their accrued leave over into the next year. Employers can choose to provide more paid leave time annually than the law requires.
Employers with fewer than 18 employees must provide this leave as well. However, it doesn’t have to be paid.
Employers can require an initial waiting time after an employee is hired before they can take any “sick and safe leave,” but no more than 150 calendar days. However, the leave must still accrue during this waiting period.
For what purposes can this leave be used?
This leave can be used for a number of purposes, including an employee’s or a member of their household’s illness, injury or medical appointments. It can also be used to deal with matters related to domestic violence (including sexual assault and stalking).
Employees are required to provide notice to their employer that they need to use this leave unless it’s an emergency or otherwise unforeseen situation. They are not required to provide their employer with any documentation unless the leave is for at least three consecutive days.
While employers can require a doctor’s note or other basic proof of the reason for the leave, that doesn’t give employers the right to require other personal details. It’s up to an employee to decide how much they want to share.
This law has been in effect since 2018. That means employers should know the legal obligations they have to their employees. Unfortunately, that doesn’t always mean they do or that they will abide by the law. That’s why it may be necessary for employees to get legal guidance to protect and assert their rights under Rhode Island law.