§ 28-57-5. Accrual of paid sick and safe leave time.
(a) 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 calendar
year 2018, thirty-two (32) hours during 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. In determining the number of employees who are
employed by an employer for compensation, all employees defined in § 28-57-3(7) shall be counted.
(b) Employees who are exempt from the overtime requirements under 29 U.S.C. § 213(a)(1) of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., will be assumed to work forty (40) hours in each workweek for purposes of
paid sick and safe leave time accrual unless their normal workweek is less than forty
(40) hours, in which case paid sick and safe leave time accrues based upon that normal
workweek.
(c) Paid sick and safe leave time as provided in this chapter shall begin to accrue at
the commencement of employment or pursuant to the law's effective date [July 1, 2018],
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.
(d) An employer may require a waiting period for newly hired employees of up to ninety
(90) days. During this waiting period, an employee shall accrue earned sick time pursuant
to this section or the employer's policy, if exempt under § 28-57-4(b), but shall not be permitted to use the earned sick time until after he or she has
completed the waiting period.
(e) 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 calendar year
2018, and thirty-two (32) hours during calendar year 2019, and forty (40) hours per
year thereafter. Alternatively, in lieu of carryover of unused earned paid sick and
safe leave time from one year to the next, an employer may pay an employee for unused
earned paid sick and safe leave time at the end of a year and provide the employee
with an amount of paid sick and safe leave that meets or exceeds the requirements
of this chapter that is available for the employee's immediate use at the beginning
of the subsequent year.
(f) Nothing in this chapter shall be construed as requiring financial or other reimbursement
to an employee from an employer upon the employee's termination, resignation, retirement,
or other separation from employment for accrued paid sick and safe leave time that
has not been used.
(g) If an employee is transferred to a separate division, entity, or location within the
state, but remains employed by the same employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the employee is entitled to all paid sick and safe leave time accrued at
the prior division, entity, or location and is entitled to use all paid sick and safe
leave time as provided in this act. When there is a separation from employment and
the employee is rehired within one hundred thirty-five (135) days of separation by
the same employer, previously accrued paid sick and safe leave time that had not been
used shall be reinstated. Further, the employee shall be entitled to use accrued paid
sick and safe leave time and accrue additional sick and safe leave time at the re-commencement
of employment.
(h) When a different employer succeeds or takes the place of an existing employer, all
employees of the original employer who remain employed by the successor employer within
the state are entitled to all earned paid sick and safe leave time they accrued when
employed by the original employer, and are entitled to use earned paid sick and safe
leave time previously accrued.
(i) At its discretion, an employer may loan sick and safe leave time to an employee in
advance of accrual by such employee.
(j) Temporary employees shall be entitled to use accrued paid sick and safe leave time
beginning on the one hundred eightieth (180) calendar day following commencement of
their employment, unless otherwise permitted by the employer. On and after the one
hundred eightieth (180) calendar day of employment, employees may use paid sick and
safe leave time as it is accrued. During this waiting period, an employee shall accrue
earned sick time pursuant to this chapter, but shall not be permitted to use the earned
sick time until after he or she has completed the waiting period.
(k) Seasonal employees shall be entitled to use accrued paid sick and safe leave time
beginning on the one hundred fiftieth (150) calendar day following commencement of
their employment, unless otherwise permitted by the employer. On and after the one
hundred fiftieth (150) calendar day of employment, employees may use paid sick and
safe leave time as it is accrued. During this waiting period, an employee shall accrue
earned sick time pursuant to this chapter, but shall not be permitted to use the earned
sick time until after he or she has completed the waiting period.