labor lawAdivision of labor law center

When it comes to family medical leave laws, the Federal government has guidelines that are followed by each individual state. Each state, therefore, has different details surrounding the family/medical leave laws. In Rhode Island, I found that employers that are covered under the Act include: Private employers that have 50 or more employees, any State agency, or any city, town or municipal agency that employs 30 or more employees. There are no provisions made for education agencies though.

Employees that are covered under the Act are any fulltime employees that work an average of 30 or more hours per week for 12 consecutive months. This brings the total number of hours to about 1560. Also in Rhode Island, the amount of time that an employee may take leave is 13 consecutive weeks in any 2 calendar years.

The type of leave that an employee may take is very similar to the Federal outline, but it also includes care for parents-in-law. Under the guidelines, an employee may take an unpaid leave for birth, placement of child for adoption or foster care, to provide care for an employee’s own parents, child or spouse with a serious health condition or an employees own serious health condition.

Under the terms of the law, a serious health condition is an illness, injury, impairment, or physical or mental condition involving incapacity or treatment connected with inpatient care in a hospital, hospice, or residential medical-care facility. The health condition must require absence of more than 3 consecutive calendar days from work, school or other activities, it must be due to a chronic or long-term condition for which any treatment may be ineffective and the absences must be in order to receive multiple treatments. The health condition may also be due to pregnancy or parental care.

The Rhode Island Complete Labor Law poster details all of the FMLA laws as well as all the other state and federal requirements.