Last updated on: December 22nd, 2022
Hours & Pay Regulations
Whenever an employee is separated from the payroll of an employer, after completing at least one (1) year of service, any vacation pay accrued by collective bargaining, company policy or other agreement between employer and employee shall become wages and payable in full or on a prorated basis with all other due wages on the next regular payday for the employee.
Effective January 1, 2023, the state’s hourly minimum wage is $13.00.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
Rhode Island Parental and Family Medical Leave Act requires that employers of 50 or more employees grant an unpaid leave of absence, upon the request of an eligible employee, for 13 consecutive weeks in any two calendar years, under certain conditions. Employees Eligible Employees are eligible to apply for leave if they are full-time employees who work an average of 30 hours a week or more and have been employed continuously for at least 12 months. The leave required to be provided under the Act must be for one or more of the following reasons:
- Birth of a child of an employee; and/or
- Placement of a child 16 years of age or less with an employee in connection with the adoption of such child by the employees; and/or
- ‘Serious illness’ of the employee or the employee’s parent, spouse, child, mother-in-law, or father-in-law.
In order to be entitled to the leave, the employee must give at least 30 days’ notice of the intended date upon which the requested leave is to commence and terminate unless prevented by a medical emergency from doing so. Employees may be requested to provide a written certification from a physician caring for the person who is the reason for the leave request, which certification shall specify the probable duration of the requested leave.
Temporary Caregiver Insurance
The Temporary Caregiver Insurance Program (TCI) is Rhode Island’s paid family leave program which gives 4 weeks of paid leave for the birth, adoption, or fostering of a new child or to care for a family member with a serious health condition; and up to 30 weeks of paid leave for a worker’s own disability.
An employee who has been employed for 12 consecutive months is entitled to 10 hours of leave during any 12 month period to attend school conferences or other school-related activities for a child of whom the employee is the parent, foster parent, or guardian. A notice of 24 hours prior to the leave must be given to the employer by the employee. The leave is not required to be paid; except an employee may substitute any accrued paid vacation leave or other appropriate paid leave.
Any employer who allows sick time or sick leave of an employee to be used after the birth of a child shall allow the same time to be used for the placement of a child 16 years of age or less with an employee in connection with the adoption of the child by the employee.
Under the law, a covered employer must provide an employee with time off to recover from childbirth if requested by the employee. The amount of time off that would be considered reasonable is not specified under the law. However, an employer may not require a pregnant employee to take leave if another reasonable accommodation can be provided.
No employer doing business within the state of Rhode Island or otherwise subject to the jurisdiction of the state of Rhode Island shall cause any of its employees to suffer the loss of the employee’s position, wage increases, promotions, longevity benefit, or any other emolument due to the employer-employee relationship because the employee has been called to serve jury duty; provided, however, that no employer, in the absence of a contract or collective bargaining agreement to the contrary, shall be responsible to pay to the employee any compensation for the period of the jury duty.
In addition to USERRA, Rhode Island provides job protections to members of the state military forces, National Guard, and U.S. military reserves. Military members must be provided unpaid leave for military service or training. An employee who requests reinstatement within 40 days after completing military duties must be restored to his or her previous position (or a position of the same status, pay, and seniority).
Any employer, that employs between fifteen (15) and fifty (50) employees shall provide up to fifteen (15) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave.
Any employer, that employs more than fifty (50) employees shall provide up to thirty (30) days of unpaid family military leave to an employee during the time federal or state orders are in effect, in accordance with the provisions set forth in this section. Family military leave granted under this act may consist of unpaid leave.
The employee shall give at least fourteen (14) days notice of the intended date upon which family military leave will commence if the leave will consist of five (5) or more consecutive workdays. Where able, the employee shall consult with the employer to schedule the leave to not unduly disrupt the operations of the employer. Employees taking military family leaves for less than five (5) consecutive days shall give the employer advance notice as is practicable. The employer may require certification from the proper military authority to verify the employee’s eligibility to take the requested family military leave.
An employee shall not take leave as provided under this act unless he or she has exhausted all accrued vacation leave, personal leave, compensatory leave or time, and any other leave that may be granted to the employee, with the exception of sick leave and disability leave.
Effective 1st July 2018, all employees employed by an employer of eighteen (18) or more employees in Rhode Island shall accrue a minimum of one hour of paid sick and safe leave time for every thirty-five (35) hours worked up to a maximum of twenty-four (24) hours during the calendar year of 2018, thirty-two (32) hours during the calendar year 2019 and up to a maximum of forty (40) hours per year thereafter, unless the employer chooses to provide a higher annual limit in both accrual and use.
Paid sick and safe leave time as provided shall begin to accrue at the commencement of employment or pursuant to the law’s effective date, whichever is later. An employer may provide all paid sick and safe leave time that an employee is expected to accrue in a year at the beginning of the year. Paid sick and safe leave time shall be carried over to the following calendar year; however, an employee’s use of paid sick and safe leave time provided under this chapter in each calendar year shall not exceed twenty-four (24) hours during the calendar year 2018, and thirty-two (32) hours during the calendar year 2019, and forty (40) hours per year thereafter.
Temporary employees shall be entitled to use accrued paid sick and safe leave time beginning on the one hundred eightieths (180) calendar day following commencement of their employment unless otherwise permitted by the employer. Seasonal employees shall be entitled to use accrued paid sick and safe leave time beginning on the one hundred fiftieths (150) calendar day following commencement of their employment unless otherwise permitted by the employer. Paid sick and safe leave time shall be provided to an employee by an employer for:
- An employee’s mental or physical illness, injury, or health condition; an employee’s need for medical diagnosis, care, or treatment of mental or physical illness, injury, or health condition; an employee’s need for preventive medical care; or
- Care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of mental or physical illness, injury, or health condition; care of a family member who needs preventive medical care; or
- Closure of the employee’s place of business by order of a public official due to a public health emergency or an employee’s need to care for a child whose school or place of care has been closed by order of a public official due to a public health emergency, or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the employee’s or family member’s presence in the community may jeopardize the health of others because of their exposure to a communicable disease, whether or not the employee or family member has actually contracted the communicable disease; or
- Time off needed when the employee or a member of the employee’s family is a victim of domestic violence, sexual assault, or stalking.
For employees working an average of:
- Thirty-seven and one-half (37.5) to forty (40) hours per week, provide eight (8) hours per month for five (5) months;
- Thirty (30) hours per week, provide five (5) hours per month for eight (8) months;
- Twenty-four (24) hours per week, provide four (4) hours per month for ten (10) months;
- Twenty (20) hours per week, provide four (4) hours per month for nine (9) months;
- Sixteen (16) hours per week, provide three (3) hours per month for ten (10) months;
- Ten (10) hours per week, provide two (2) hours per month for ten (10) months;
- Five (5) hours per week, provide (one) (1) hour per month for ten (10) months.