(a)  Any employee who exercises the right to family military leave under this act, upon the expiration of their leave, shall be entitled to restoration, by the employer, to the position held by the employee when the leave commenced or to a position with equivalent seniority status, employee benefits, pay, and other terms and conditions of employment. This section does not apply if the employer proves that the employee was not restored as provided in this section because of conditions unrelated to the employee’s exercise of rights under this act.

Terms Used In Rhode Island General Laws 30-33-4

  • Employee: includes an employee of a covered employer who has been employed by the same employer for at least twelve (12) months, and has been employed from at least one thousand two hundred fifty (1,250) hours of service during a twelve-month (12) period immediately preceding the commencement of leave. See Rhode Island General Laws 30-33-2
  • Employee benefits: means all benefits, other than salary or wages, provided or made available to employees by an employer and includes group life insurance, health insurance, disability insurance, and pensions, regardless of whether benefits are provided by a policy or practice of an employer. See Rhode Island General Laws 30-33-2
  • Employer: means any person, partnership, corporation, association, other business entities, the state of Rhode Island, Rhode Island municipalities, and other units of local government. See Rhode Island General Laws 30-33-2
  • Family military leave: means leave requested by an employee who is the spouse or parent of a person called to military service lasting longer than thirty (30) days with the state of Rhode Island or the United States pursuant to the orders of the governor of Rhode Island or the President of the United States. See Rhode Island General Laws 30-33-2

(b)  During any family military leave taken under this act, the employer shall make it possible for employees to continue their benefits at the employee’s expense. The employer and employee may negotiate for the employer to maintain benefits at the employer’s expense for the duration of the leave.

History of Section.
P.L. 2008, ch. 61, § 1; P.L. 2008, ch. 65, § 1.