Rhode Island General Laws 28-48-3. Employment and health benefits protection
(a) Every employee who exercises his or her right to parental leave or family leave under this chapter shall, upon the expiration of that leave, be entitled to be restored by the employer to the position held by the employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment, including fringe benefits and service credits that the employee had been entitled to at the commencement of leave.
Terms Used In Rhode Island General Laws 28-48-3
- Employee: means any full-time employee who works an average of thirty (30) or more hours per week. See Rhode Island General Laws 28-48-1
- Employer: means and includes:
(i) Any person, sole proprietorship, partnership, corporation, or other business entity who or that employs fifty (50) or more employees;
(ii) The state of Rhode Island, including the executive, legislative, and judicial branches, and any state department or agency that employs any employees;
(iii) Any city or town or municipal agency that employs thirty (30) or more employees; and
(iv) Any person who acts directly or indirectly in the interest of any employer. See Rhode Island General Laws 28-48-1
- Family leave: means leave by reason of the serious illness of a family member. See Rhode Island General Laws 28-48-1
- Parental leave: means leave by reason of the birth of a child of an employee or the placement of a child sixteen (16) years of age or less with an employee in connection with the adoption of the child by the employee. See Rhode Island General Laws 28-48-1
(b) During any parental leave or family leave taken pursuant to this chapter, the employer shall maintain any existing health benefits of the employee in force for the duration of the leave as if the employee had continued in employment continuously from the date he or she commenced the leave until the date he or she returns to employment pursuant to subsection (a).
(c) Prior to commencement of parental leave or family leave, the employee shall pay to the employer a sum equal to the premium required to maintain the employee’s health benefits in force during the period of parental leave. The employer shall return the payment to the employee within ten (10) days following the employee’s return to employment.
History of Section.
P.L. 1987, ch. 366, § 1; P.L. 1990, ch. 380, § 2.