Section 260-RICR-30-05-5.4 - Paid Sick and Safe Leave Time - Exemptions5.4.1Employers with Paid Time Off PoliciesA. Any employer with a paid time off policy who makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019 and forty (40) hours per calendar year thereafter of paid time off to employees is exempt from the following requirements of the Healthy and Safe Working Families Act, R.I. Gen. Laws Chapter 28-57:1. Providing earned or paid sick and safe leave time in accordance with the schedule or formula provided in R.I. Gen. Laws §§ 28-57-5(a), (b) and (c); and2. Allowing employees to carry over unused sick and safe leave as required per R.I. Gen. Laws § 28-57-5(e).B. Any employer with a paid time off policy who makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019 and forty (40) hours per calendar year thereafter of paid time off to employees that can be used for purposes consistent with the Healthy and Safe Working Families Act, R.I. Gen. Laws Chapter 28-57, and is made available in full at the beginning of each benefit year, is exempt from tracking the accrual of such leave, allowing for carryover, or paying employees for unused time.C. For the purposes of these exemptions the method of accrual chosen by the employer must result in a full-time employee working a full year accumulating the minimum amount of sick leave as required by R.I. Gen. Laws § 28-57-5. All employees should otherwise be provided the requisite hours on a pro-rata basis, based upon their start date and the number of hours worked.5.4.2Food EmployeesA. For food employees or someone who manages food employees:1. If an employee notifies their employer of their intent to use earned sick time, the employer may ask if the reason for the absence would trigger the employer's obligations under the Rhode Island Food Code (216-RICR- 50-10-1).2. If the employee answers in the negative the employer is prohibited from asking further questions about the nature of the illness.3. If the employee answers in the affirmative, the employer may inquire about the symptoms on a limited basis to determine what steps they must take in order to remain in compliance with their obligations under the Rhode Island Food Code (216-RICR- 50-10-1).4. If the employee states that they are suffering from any of the symptoms described in the Rhode Island Food Code (216-RICR- 50-10-1) the employer shall follow any actions as required under the Rhode Island Food Code.5.4.3Public employersPublic employers are exempt from providing paid sick and safe leave pursuant to R.I. Gen. Laws § 28-57-4.
260 R.I. Code R. 260-RICR-30-05-5.4