Many workers may need to take time off work at some point due to a personal illness or to care for a sick family member. The Family Medical Leave Act (FMLA) is a federal law that allows workers to take time off for specified medical reasons. However, this law does not mandate employers to pay their workers during these absences.
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In some situations, state laws can fill the FMLA compensation void. As of February 2025, Rhode Island, 23 other states and Washington, D.C., have enacted laws that provide paid sick leave to eligible employees.
In This Article
- About the RI Sick Time Law
- Paid or Unpaid Leave
- Who Does the Rhode Island Sick Time Law Cover?
- Accrual of Sick and Safe Leave Time
- Using Sick and Safe Leave
About the RI Sick Time Law
The Healthy and Safe Families and Workplaces Act is the Rhode Island sick leave law that gives employees in the state the right to stay home and take care of themselves if they have a doctor’s appointment or are too sick or injured to work. The law also applies to workers dealing with the effects of sexual assault, domestic violence or stalking. Additionally, eligible employees may use leave time to care for family or household members.
Paid or Unpaid Leave
Whether the leave is paid or unpaid depends on the size of the employer. The Healthy and Safe Families Workplaces Act requires Rhode Island employers with 18 or more employees to provide paid sick leave, while smaller employees do not have to provide payment for the time off work.
Who Does the Rhode Island Sick Time Law Cover?
Nearly all employees, including temporary and seasonal employees, will qualify to earn leave, with the exception of federal, state, or local government employees; unpaid interns; certain employees licensed to practice nursing, and certain other employees exempt under the Rhode Island Minimum Wage law. Independent contractors and subcontractors are not covered.
Accrual of Sick and Safe Leave Time
Employers whose paid leave or paid time off (PTO) policies are equal to or greater than the requirements under the Rhode Island law are exempt, although they must still ensure their policies comply with the law, including notice, documentation and coverage requirements.
According to the Rhode Island sick leave law, workers can begin to accrue sick time on their first day of hire. The accrual rate is one hour of leave for every 35 hours spent on the job. However, employers can require new hires to wait 90 days until they are eligible to take leave. Additionally, employers can mandate a longer waiting period for seasonal workers (150 days) and temporary employees (180 days). The maximum time off allowed for employers is 40 hours per year.
Using Sick and Safe Leave
Employees intending to take time off under the Rhode Island sick time law should give their employer at least 24 hours advance notice. In emergencies, employees must give as much notice as reasonably possible. Employers may require documentation for absences longer than three consecutive days.
A few additional rules apply:
- Employers can establish a minimum block of time to use sick leave, up to a 4-hour maximum block.
- Employees may be disciplined for fraudulent misuse of leave, but employers may not take any adverse actions for an employee’s legal use of their earned sick and safe leave.
- Employers must let employees carry over their unused paid sick leave, or they can pay employees for their accrued time.
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