Smart Benefits: Remind Employees of RI’s Paid Sick Leave Policy this Flu Season

Smart Benefits: Remind Employees of RI’s Paid Sick Leave Policy this Flu Season

Effective July 1, 2018, employers with 18 or more employees in Rhode Island must provide paid sick and safe leave under the Healthy and Safe Families and Workplaces Act. (Those with 17 or less must provide earned leave but it doesn’t need to be paid.) And it can be used to recover from an illness like the flu.

Here’s what you and your employees need to know about the law.

Covered Employees

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The only employees excepted from the law are employees of local, state or federal governments or other public entities and certain per diem nurses. Otherwise, part-time, full-time, seasonal and temporary workers can all earn leave.

Accruing Leave

Qualifying employees accrue one hour of paid sick leave for every 35 hours worked. As of 2020, full-time employees may earn and use up to 40 hours a year. Keep in mind that employers can offer more leave after the annual cap is reached.

Employers also have the choice to frontload a lump sum of hours at the start of each month based on the number of average hours expected for the month or at the beginning of the calendar year.

Waiting Periods

The law allows for several potential waiting periods before employees may be able to use the leave:

• 90 days waiting period for new employees
• 180 days for temporary employees
• 150 days for seasonal employees

 

Qualifying Reasons

Under the law, employees can take time off from work to care for themselves when they are sick, injured or have a routine medical appointment. They can also use it to deal with the effects of domestic violence, sexual assault or stalking. In addition, employees can take leave to help a child, spouse, domestic partner or other household members for the same reasons. Only if an employee is absent for more than three consecutive workdays can an employer require documentation.

Notice Requirements

If the reason for leave has been planned 24 or more hours in advance, the employee must provide notice. In other cases, employees must provide notice of the leave as soon as reasonably possible.

 

Rob Calise is the Managing Director, Employee Benefits of The Hilb Group of New England, where he helps clients control the costs of employee benefits by focusing on consumer-driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance