Military Family Relief Act – R.I. Gen. Laws §§ 30-33-2 to 30-33-6

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Covered Employers: Employers with 15 or more employees (Note: different leave amounts based on employer size). An Employer includes any person, partnership, corporation, association, other business entities, the state of Rhode Island, Rhode Island municipalities, and other units of local government.

Employee Eligibility: Employees must be employed by the same employer for at least 12 months and have been employed for at least 1,250 hours of service during the 12-month period prior to start of the requested leave. An employee does not include an independent contractor.

Entitlement: An employee who is the spouse or parent of a person called to military service lasting longer than 30 days by the State of Rhode Island or the United States is eligible for unpaid leave. The amount of leave to which an employee is eligible for depends on the employer's size:

• Employers with fewer than 15 employees need not provide any leave.

• Employers with 15-50 employees must provide up to 15 days of leave.

• Employers with more than 50 employees must provide up to 30 days of leave.

Regardless of the employer's size, an employee may not take leave under this law 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.

Employer Notice: Not specified

Employee Notice: For leaves of five or more consecutive workdays, employees must give at least 14 days' notice of the date the family military leave is expected to start. For leaves for less than 5 consecutive days, employee shall give as much notice as practicable.

Obligation to Provide Certifications or Documents Supporting Need for Leave: Employers may require certification from the proper military
authority to verify the employee's eligibility to take the requested leave.

Paid?: No

Benefits: An employee who exercises the right to family military leave under this law shall, upon the expiration of their leave, be entitled to have the employer restore the employee to the position the employee held when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. This rule does not apply if the employer proves that the employee was not restored as provided in this section because of conditions unrelated to the employee's exercise of rights under this act.
During any family military leave taken under this act, the employer shall make it possible for an employee to continue that employee's benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense for the duration of the leave.

Reinstatement: Upon expiration of the leave, the employee must be restored to the same position held when the leave commenced or to a position with equivalent seniority status, employee benefits, pay and other terms and conditions of employment.

Other Important Definitions/Requirements: Prohibited Acts: An employer may not: (a) interfere with, restrain, or deny the exercise or the attempt to exercise any right provided under this law; (b) discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee who exercises any right provided under this law; or (c) discharge, fine, suspend, expel, discipline, or in any other manner discriminate against any employee for opposing any practice made unlawful under this law.

Relationship with Other Leave: Employees must first exhaust all accrued vacation leave, personal leave, compensatory leave or time, and any other leave that may be granted to the employee, except for sick leave and disability leave.

Absence Specifications 1

Absence Specifications 2