Understanding PAID SICK AND SAFE LEAVE (PSSL) and Employer Policies

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RI law requires most employers to provide paid or unpaid time off for employees to address health needs or issues related to domestic violence, sexual assault, or stalking. Adverse actions against employees exercising their rights are prohibited. Exemptions exist for employers with PTO policies meeting certain criteria. Important definitions and historical background are highlighted.

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PAID SICK AND SAFE LEAVE (PSSL) AND EMPLOYER POLICIES November 19, 2020

A BRIEF HISTORY RI General Assembly passed their respective PSSL bills on September 19, 2017 Governor Raimondo signed them into law on September 28, 2018 From September 28, 2017 to May 31, 2018 DLT conducted an open and engaging process with stakeholders and the general public throughout the state to assist with crafting administrative regulations (rules) regarding how DLT will implement and enforce this new law Final regulations took effect on May 31, 2018 Law went into effect on July 1, 2018 2

PAID SICK AND SAFE LEAVE? RI law requires most RI employers to provide time to their employees so they may address their own health needs or those of their loved ones Additionally, RI law requires the same time be provided for their employees to address any issues they or their loved ones may encounter as victims of domestic violence, sexual assault or stalking Important Take Away unless you re exempted by law you are required to provide the time. Whether the time is paid or unpaid is determined by the number of employees you have, but either way the time must be provided and you cannot take action against employees that exercise their rights under this law 3

IMPORTANT DEFINITIONS Adverse Action means the denial of any right guaranteed under the law or regulations and any action that has a negative impact on any employee that has exercised their rights in accordance with the law PSSL Time means time that s compensated at the same hourly rate and with the same benefits as the employee normally earns Seasonal Employee means any employee that has been hired into a position for which the customary annual employment is six months or less Temporary Employee means any person working for or obtaining employment under an agreement with any employment agency Written Notice or In Writing means any printed or printable communication that is provided in a physical or electronic format, provided that such notice shall be provided via hard copy upon request 4

EXEMPTIONS Employers with Paid Time Off (PTO) policies that make the same amount of time available to employees that can be used consistent with the terms and conditions in the law/regulations are exempt from the accrual formula and carry-over provisions of the law ADD THIS TO YOUR POLICIES Employers that provide at least the same amount of time up front, at the beginning of the year, that can be used for the same purposes are exempt from the accrual, tracking and carry-over provisions of the law Employers with less than eighteen employees as defined by the regulations are not required to provide paid leave rather an equivalent amount of unpaid leave must be provided 5

ACCRUAL OF PSSL TIME Employees shall accrue one (1) hour of PSSL time for every thirty-five (35) hours worked or paid by their employer Time may be capped at forty (40) hours annually Time begins to accrue immediately upon hire Employers may require new employees to wait up to ninety (90) days prior to using any PSSL time, if their policies reflect this requirement Any reasonable accrual method is permissible so long as full-time employees working a full year are able to earn the statutorily mandated amounts Part time employees and those hired later in the year may earn a pro-rated amount of time 6

WHOS COVERED? Employers that average eighteen (18) employees or more when averaging their two highest employment quarters from the previous year are required to provide paid leave Employees that have spent more time working in RI than in any other state over the previous twelve (12) months are covered Employers make this determination once per year (calendar or benefit year) and remain with the paid or unpaid designation for the following twelve (12) months 7

WHAT ABOUT NOTICE AND DOCUMENTATION? PSSL shall be provided upon the request of the employee. Employers may require a minimum amount of time to be used (i.e. 4 hrs) but must state that is so in their employer policy When the leave is planned at least twenty- four hours in advance the employee is required to provide advance notice to their employer in accordance with their employer s policies When the leave is unforeseeable the employee must provide notice to their employer in accordance with their employer s policies so long as those policies are reasonable Employees must report their absence if it is required by their employer Documentation may be requested once an employee has missed more than three (3) consecutive workdays unless the employee is displaying a pattern of absences/fraud Employers policies should reflect this requirement if it is in place Documentation should be accepted by employers within a reasonable timeframe If the cost to obtain documentation is burdensome (more than 2x the employee s hourly rate of pay) then the employee may sign a statement that they used the PSSL time in accordance with the law 8

WHAT ABOUT FRAUD AND ABUSE? If an employer suspects an employee is committing fraud or abusing their rights under this law they may request proof that the employee missed work for a legitimate reason (documentation) Employers may discipline and terminate employees that commit fraud or abuse their rights under this law 9

ENFORCEMENT The PSSL law is enforced by DLT s Workforce Regulation and Safety Division Aggrieved employees may file complaints with DLT All complaints will be thoroughly reviewed and investigated to determine if a violation has occurred Employers that are found to be in violation shall be liable for a civil penalty of $100 for a first offense and between $100-$500 for subsequent offenses Parties that dispute a decision of the Department may file an appeal in accordance with the procedures outlined in Rules of Procedure for Administrative Hearings (260-RICR-10-00-5). 10

CONFIDENTIALITY Any information received by employers pertaining to their employees use of PSSL time is strictly confidential. Employers may not disclose such information without the employee s consent Limited exception employers shall be permitted to disclose, on a limited basis, as part of their defense in any administrative or judicial proceeding, whether or not an employee has accrued, used or requested to use, the benefits prescribed by this chapter. 11