Smart Benefits: RIDLT Releases Proposed Sick Leave Regs
Monday, April 16, 2018
Following passage of the Rhode Island’s sick leave law last year, which takes effect July 1, the RI Department of Labor and Training recently released proposed implementing regulations. The regulations, which only apply to companies with 18 or more employees in the state, specify how employees can accrue and use leave.
Accrual
- Employees can accrue one hour of sick time for every 35 hours worked
- Employees must be allowed to accrue up to 24 hours in 2018, 32 hours in 2019, and 40 hours in subsequent years
- Employees accrue sick time based on hours paid, not worked
- Employers can provide a monthly lump sum of sick leave based on an employee’s average hours worked
- Employers can front load leave at the start of the year to avoid accrual tracking and carryover provisions
- Employers who have a PTO policy that provides time equal to the law’s requirements are exempt from the accrual, carryover and use provisions
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Use
- Employers can apply a 90-day waiting period for new hires to use sick time and longer waiting periods for seasonal and temporary employees
- Employees can use for themselves or to care for a family member
- Employers can ask for medical documentation if an employee is out for three or more consecutive days
- Employers do not need to pay out unused sick time upon separation of employment
- Employees can use leave for mental or physical illness or treatment; preventive care; leave related to domestic violence, sexual assault or stalking; work, school or day care closures due to a public health emergency; or wdaycareemployee’s presence in the community may jeopardize others’ health
To be compliant with the new law when it takes effect, be sure to create a policy for paid sick time if you don’t already have one, or review your current one. And update your employee handbook with the changes.
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
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