Rhode Island FMLA

All Employers

Rhode Island's Parental and Family Medical Leave Act covers:

• Private employers with 50 or more employees.
• All state employers.
• City, town or municipal agencies with 30 or more employees.
• Any person acting directly or indirectly in the interest of any employer.

Same-sex Unions.

• Rhode Island provides couples in same-sex civil unions with the same rights and benefits afforded to heterosexual married couples, with the exception of religious organizations operating charitable or educational facilities.
• These protections do not extend to the FMLA, therefore it is unclear how state employees in same-sex unions will be affected.

Employee Eligibility

• Employees who have worked for the same employer for an average of 30 hours a week for 12 consecutive months.
• Eligible employees qualify for 13 consecutive weeks of leave over a two-year period.
• The employer has discretion in whether leave is paid, partially paid or unpaid.

Parental Leave

• Leave may be taken for childbirth or the adoption of a child 16 years or younger.
• There is no provision for intermittent parental leave.
• An employer has the discretion to allow employees to use sick leave for childbirth, however this provision also must be extended to the adoption of a child.
• A 30-day notice is required, unless doing so is impracticable.
• An employer may request written certification of the need for leave.

Family Leave

• Includes a parent, spouse, child, mother or father-in-law, or the employee's own serious illness. A serious illness is defined as a disabling physical or mental illness, injury, impairment or condition involving inpatient care; or continuing outpatient care.
• An employee may use both state law and FMLA to receive greater benefits.
• A 30-day notice is required, unless doing so is impracticable.
• An employer may request written certification of the need for leave.

Continuation of Benefits

• An employer must maintain existing health benefits for an employee on leave.
• Before taking leave, an employee must pay the employer an amount equal to the premium in order to continue benefits while on leave.
• Upon the employee's return to work, the employer must return the payment to the employee within 10 days.

Reinstatement

An employee is entitled to the same or similar job position and benefits when returning from leave.

School Leave

• Employees are entitled to 10 hours of leave during a 12-month period for attending school conferences or other school activities for a child of whom the employee is a parent, foster parent, or guardian.
• An employee must have worked for the same employer for 12 consecutive months.
• An employee must give 24 hours notice.
• Leave need not be paid, but an employee may use accrued paid leave for any part of the 10 hours.

Enforcement

The Parental and Family Medical Leave Act may be enforced in a state superior court.

Family Military Leave

• An employee must have worked 1250 hours during a 12-month period for the same employer to be eligible for military leave.
• Employers with 15-50 workers must provide employees with 15 days of unpaid leave if a spouse or child is called to more than 30 days of military service.
• Employers with more than 50 workers must provide employees with 30 days of unpaid leave if a spouse or child is called to more than 30 days of military service.
• If the leave is to last more than 5 consecutive days, the employee must give 14 days notice. Otherwise, notice should be as practicable.
• An employer may require certification to verify employee's eligibility for leave.
• Except for sick and disability leave, employees must use all accrued vacation, personal, compensatory, and any other leave granted them before taking military leave.
• An employee is entitled to the same or similar job position and benefits when returning from leave, unless the employee was not restored because of conditions unrelated to rights under this law.
• Extension of health benefits must be made possible and are negotiable between employee and employer.