2021-06-20: Scheduled for consideration (06/23/2021)
2021-06-20: Proposed Substitute
2021-06-23: Placed on House Calendar (06/25/2021)
2021-06-23: Committee recommends passage of Sub A
2021-06-25: House passed Sub A
2021-06-26: Placed on the Senate Consent Calendar (06/29/2021)
2021-06-29: Senate passed Sub A in concurrence
2021-06-30: Transmitted to Governor
2021-07-03: Signed by Governor
Changes since original draft
2021 – H 6011
S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2021
A N A C T
RELATING TO LABOR AND LABOR RELATIONS – HEALTHY AND SAFE FAMILIES
AND WORKPLACES ACT
Introduced By: Representative Jose F. Batista
Date Introduced: February 26, 2021
Referred To: House Labor
It is enacted by the GeneralAssembly as follows:
SECTION 1. Sections 28-57-3 and28-57-5 of the GeneralLaws in Chapter 28-57 entitled "Healthy and Safe Families and Workplaces Act"are hereby amended to read as follows:
As used in the chapter, the following words and terms have the following meanings:
(1) "Care recipient" means a person for whom the employee is responsible for providing or arranging health- or safety-relatedcare,including, but not limited to, helping the person obtain diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe following domestic violence, sexual assault, or stalking.
(2) "CCAP family childcare provider" means a childcare worker as defined in § 40-6.6- 2(2).
(3) "Child" means a person as defined in § 28-41-34(1).
(4) "Department" means the department of labor and training.
(5) "Domestic partner"means a party to a civil union as defined in chapter 3.1 of title 15 or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) has the same meaning as that term is defined in § 8-8.2-20.
(6) "Domestic violence" meanscertaincrimes whencommitted byone family or household member against another as defined in § 12-29-2.
(7) "Employee" means any person sufferedor permitted to work by an employer, except for those not considered employees as defined in § 28-12-2. Independent contractors, subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23, apprenticeships and interns as defined under FLSA section 3(g) shall not be considered to be employees for the purpose of this act.
(8) "Employer" means any individual or entity that includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but does notinclude the federalgovernment, andprovided thatin determining the number of employees performing work for an 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 total number of employees in that group shall be counted.
(9) "Family member" means a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the employee's household.
(10) "Healthcare professional" means any person licensed under federal or Rhode Island law to provide medical or emergency services, including, but not limited to: doctors, nurses, and emergency room personnel.
(11) "Paid sick leave time" or "paid sick and safe leave time" means time that is compensated atthe same hourly rate and with the same benefits, including healthcare benefits, as the employee normally earns during hours worked andis provided by anemployer to anemployee for the purposes describedin § 28-57-6, but in no case shallthe hourly wage paidleave be less than thatprovided under § 28-12-3. Except that "paid sick leave time" or "paid sick andsafe leave time" means time that is compensatedat the wage hourly rate only for all employees in the construction industry, as classified as code 23 under the North American Industry Classification System, working and under a multi-employer collective bargaining agreement authorized pursuant to 29 U.S.C. § 158 (f) and (e) that contain collective bargaining agreement language providing for sick wage benefits. These benefits shall be governed by these collective bargaining agreements that contain provisions for sick time and safe leave benefits accumulated on anhourly or weekly basis as determined by their collective bargaining agreement;provided that these agreements meet the minimum standards of this act.
(12) "Parent"means a person as defined in § 28-41-34(5) or a person as defined in § 28- 41-34(9).
(13) "Seasonal employee" means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38).
(14) "Sexual assault"means a crime as defined in § 11-37-2, 11-37-4 or 11-37-6.
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(15) "Sibling" means abrother or a sister, whetherrelatedthrough half blood, whole blood, or adoption, a foster sibling, or a step-sibling.
(16) "Spouse" means a person as defined in § 28-41-34(7).
(17) "Stalking" means a crime as described in §§ 11-59-2 and 11-52-4.2.
(18) "Temporary employee" means any person working for, or obtaining employment pursuant to an agreementwith any employment agency, placement service, or training school or center.
(19) "Unpaid sick time" is time that is used for the purposes described in § 28-57-6.
(20) "Year" means a regular and consecutive twelve-month-period as determined by the employer; except that for the purposes of § 28-57-7, "year"means a calendar year.
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 and all employees in the construction industry, as classified as code 23 under the North American Industry Classification System, working under a multi-employer collective bargaining agreement authorized pursuant to 29 U.S.C. § 158 (f) and (e) that contains language for such benefits 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 calendar year 2019 and up to a maximum of forty (40) hours per year thereafter, unless, pursuant to their collective bargaining agreement, employees receive 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 FederalFair Labor Standards Act,29U.S.C.§201 etseq.,will be assumedtowork forty (40) hours in eachwork week for purposes of paid sick and safe leave time accrualunless their normal work week is less than forty (40) hours, in which case paid sick and safe leave time accrues based upon that normalwork week.
(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 expectedto 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 earnedsick time pursuant to this section or the employer's policy, if exemptunder § 28-57-4(b), but shall not be permitted touse the
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(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 earnedpaid 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 shallbe construed as requiring financial or other reimbursement toanemployee fromanemployer 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 anemployee is transferredtoa 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 etseq.,the employee is entitled to allpaid sickand safeleave time accruedat 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 separationby the sameemployer, previously accrued paid sick and safe leave time that had not been used shall be reinstated. Further, the employee shall be entitled to use accruedpaid 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 accruedwhen 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 accrualby 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
LC001374 - Page 4of 6 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.
(l) Employers in the construction industry, as classified as code 23 under the North American Industry Classification System, that are signatory to a multi-employer collective bargaining agreement authorized pursuant to 29 U.S.C. § 158 (f) and (e) may name a federal Employee Retirement Income Security Actbenefit trustfundto administer the paid sick leave and safe leave wage time employee benefits required by this chapter. The collective bargaining agreementlanguage thatallows the trustto administer and paid sick leave andsafe leave non-wage benefits by the Employee RetirementIncome Security Acttrustfundallowing the multi-employers to participate through their local collective bargaining agreement in providing benefits to their employees shall make these employers compliant with this chapter.
SECTION 2. This act shalltake effect upon passage.
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BY THE LEGISLATIVE COUNCIL
A N A C T
RELATING TO LABOR AND LABOR RELATIONS – HEALTHY AND SAFE FAMILIES
AND WORKPLACES ACT
This act would amend the definition of paid sick leave time and paid sick and safe leave time and allow 40 hours of accrual for construction industry employees, to be administered by establishing a benefit trust fund.
This act would take effect upon passage. ======== LC001374 ========
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