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260-30-05 R.I. Code R. § 5.6 : Department of Labor and Training — Workforce Regulation and Safety — Labor Standards — Paid Sick and Safe Leave Time (260-RICR-30-05-5) —RICR-30-05-5.6 - Use of Paid Sick and Safe Leave Time
Text
5.6.1
Employee's Right to Access Sick Leave
A.
Adverse Action
1.
Employers may not take adverse action against any employee for making use of the rights and protections provided in these regulations or in R.I. Gen. Laws §
28-57-1
et. seq.
5.6.2
Notice Requirements
A.
Foreseeable Leave
1.
Leave shall be considered foreseeable when it is planned at least twenty-four (24) hours in advance of when it is required.
2.
Notice shall be provided by the employee requesting to use PSSL benefits for a foreseeable leave within a reasonable timeframe.
B.
Unforeseeable Leave
1.
In instances of unforeseeable leave, consistent with the statutory provisions required per R.I. Gen. Laws §
28-57-6(d)
, employer's policies must be reasonable.
5.6.3
Documentation
A.
Employer requirement to provide reasonable documentation
1.
Employers that require reasonable documentation when an employee has been absent for more than three (3) consecutive work days shall notify employees in writing of this requirement in their employee handbook or employment policy
2.
Employers shall accept such documentation within a reasonable timeframe.
3.
Any expense or burden on an employee shall be considered to be unreasonable if the total cost to the employee to obtain certification regarding their absence is more than two times their hourly rate of pay. In determining the total cost to the employee, costs such as administrative, governmental or medical fees, and transportation costs shall be included.
4.
If the total cost to an employee for obtaining documentation is considered unreasonable, employers may require their employees to submit a signed statement indicating that their use of earned sick time or PSSL benefits was for purposes consistent with R.I. Gen. Laws §
28-57-6(a)
.
5.
When in conflict with the Rhode Island Food Code (216-RICR- 50-10-1 ), this provision shall not apply to Food Employees, per § 5.4.2 of this Part.
260 R.I. Code R. § 260-RICR-30-05-5.6
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