Rhode Island Family
Family Leave – R.I. Gen. Laws § 28-48-1 et seq.
Covered Employers: Employers with 50 or more employees.
Employee Eligibility: Full time employees who work an average of 30 or more hours per week and have been employed by same employer for 12 consecutive months.
Entitlement: Employees are entitled to take up to 13 weeks leave in any two calendar years. Leave can be used for: 1) the serious illness of the employee; 2) the
serious illness of a family member; 3) birth of a child; or 4) placement of a child age 16 or younger for adoption. "Family member" means parent, spouse, child, mother, or father-in-law, the employee himself or herself, and domestic partners.
Employer Notice: Employer shall post notice of leave rights.
Employee Notice: Employee must give 30 days advance written notice except in cases of medical emergencies. Notice to the employer must be in writing and must verify the truthfulness of the factual representations made by the employee. The notice must include information which reasonably identifies the employee and his/her employment relationship to the employer, as well as a detailed description of the circumstances entitling the employee to leave.
Obligation to Provide Certifications or Documents Supporting Need for Leave: Employer may require employee to provide medical certification from a physician caring for the person who is the reason for the employee's leave specifying the probable duration of the employee's leave.
Paid?: If an employer provides paid parental leave or family leave for fewer than 13 weeks, the additional weeks of leave added to attain the total of 13 weeks may be unpaid. If an employer permits an employee to use sick leave under the employer's policies in connection with the birth of a child, the employer must do the same for employees adopting a child under the age of 16.
Benefits: Health benefits in effect when leave begins must be maintained if employee pays employer premium before leave begins.
Reinstatement: Yes. Employee entitled to be restored to former position or one with equivalent benefits, pay and other terms and conditions including fringe benefits and service credits.
Other Important Definitions/Requirements: Interference with employee rights or discrimination or retaliation for exercising the right to take leave is unlawful.
Absence Specifications
Concurrency |
May run concurrently with Federal FMLA |
Amount of leave provided |
13 weeks of parental or family leave in any 2 calendar years |
Employer Eligibility Rules |
50 or more employees |
Intake trigger |
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Employee Eligibility Rules |
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Calendar Type |
Calendar year |
Notes |
Rhode Island Family Leave does not specifically articulate a right to take time intermittently. However, it is not recommended to disallow intermittent absences because the statute and case law has not addressed this directly. |