Under the federal Family and Medical Leave Act (FMLA), most employers throughout the country are required to provide some leave time to employees to deal with their own and family members’ illnesses and injuries as well as pregnancies. States can enact laws to require employers to offer greater leave benefits than those required by the FMLA.
In most cases, under both federal and state laws, this leave is unpaid. A minority of states, including Rhode Island, do require employers to provide paid leave to employees who have earned it.
The Healthy and Safe Families and Workplaces Act
Rhode Island’s Healthy and Safe Families and Workplaces Act requires employers with at least 18 employees to provide up to 40 hours a year of “sick and safe leave time.” They can provide more if they choose.
The law states that employees “accrue a minimum of one hour of paid sick and safe leave time for every thirty-five (35) hours worked” up to the maximum allowed per year.
For what purposes can the leave be used?
This leave can be used for a number of purposes, including an employee’s or member of their household’s:
- Medical appointments
- Illness
- Injury
- Domestic violence (including sexual assault and stalking)
Employees are required to provide notice that they’re taking this time off unless the situation is unforeseen.
The law also generally limits employers’ ability to require proof of the need for time off unless it’s at least three days in a row. For example, they can require a doctor’s note. They can’t, however, require employees to provide details, either about an illness, injury or about any kind of domestic violence.
The Healthy and Safe Families and Workplaces Act has been in effect now for over six years. Therefore, employers have no excuse for not knowing the requirements. Unfortunately, that doesn’t mean that every supervisor or manager knows the law or abides by it.
If your employer isn’t providing you with the paid time off you’ve earned or they’re requiring information or documentation they aren’t entitled to have, it’s important to assert your rights under the law. If you’re not able to resolve the matter with your employer, it may be necessary to get legal guidance.