Employees in Rhode Island are protected by both federal and state laws when it comes to parental leave. These laws outline your rights to take leave, maintain health coverage and return to work after your leave ends.
Knowing what protections apply can help you address issues, such as being denied leave, losing benefits or facing mistreatment after time off.
Federal Family and Medical Leave Act (FMLA)
The FMLA allows eligible employees up to 12 weeks of unpaid leave in a 12-month period for childbirth, adoption, or bonding with a new child. Health benefits must continue during leave, and you must be reinstated to the same or an equivalent role.
Rhode Island Parental and Family Medical Leave Act
State law gives eligible full-time employees up to 13 weeks of unpaid leave within any two calendar years. You must have worked for your employer for at least 12 months and typically work 30 or more hours per week. This leave applies to the birth or adoption of a child under age 16. Employers must restore you to the same or a similar position when you return to work.
Temporary Caregiver Insurance (TCI)
Starting January 1, 2025, TCI provides up to 7 weeks of partial wage replacement for bonding with a new child. The program is funded through payroll deductions, and employees must apply within 30 days of starting their leave.
Employers cannot deny valid leave requests, drop your health coverage or refuse to reinstate you. Retaliation, such as being demoted or fired for taking leave, is also prohibited.
If your rights are violated, you can file a complaint with the Rhode Island Department of Labor and Training. Keeping written records of your leave request and seeking legal guidance will be helpful.