2023 -- H 6343

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LC002382

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MENSTRUATION LEAVE ACT

     Introduced By: Representatives Alzate, Henries, Stewart, Speakman, Cotter, Spears,
Casimiro, Kazarian, McEntee, and Kislak

     Date Introduced: April 28, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS"

is hereby amended by adding thereto the following chapter:

CHAPTER 57.1

MENSTRUATION LEAVE ACT

     28-57.1-1. Short title.

     This act shall be known and may be cited as the "Menstruation Leave Act."

     28-57.1-2. Declaration of policy.

     It is the policy of the state to protect and promote the right to health of the people and instill

health consciousness among them. Likewise, the state recognizes the role of women in nation-

building, and shall ensure the fundamental equality before the law of women and men. Thus, it

shall be the priority of the state to protect working women by providing safe and healthful

conditions, taking into account their maternal functions, and such facilities and opportunities that

will enhance their welfare and enable them to realize their full potential in the service of the nation.

     28-57.1-3. Definitions.

     As used in the chapter, the following words and terms have the following meanings:

     (1) “Department” means the department of labor and training.

     (2) “Employee” means any person suffered or permitted to work by an employer, except

for those not considered employees as defined in § 28-12-2. Independent contractors,

subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23,

apprenticeships and interns as defined under FLSA section 3(g) shall not be considered to be

employees for the purpose of this chapter.

     (3) “Employer” means any individual or entity that includes any individual, partnership,

association, corporation, business trust, or any person or group of persons acting directly or

indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but

does not include the federal government; and provided that, in determining the number of

employees performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair

Labor Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be

counted.

     (4) “Menstruation” means a discharging of blood, secretions, and tissue debris that recurs

typically at four (4) week intervals and lasting three (3) to five (5) days.

     28-57.1-4. Menstruation leave.

     Notwithstanding any law, rules and regulations to the contrary, every menstruating

employee, in the private and public sectors, shall be entitled to monthly menstruation leave of up

to three (3) days; provided that, the employee has rendered at least six (6) months of prior service.

     28-57.1-5. Greater sick and safe leave policies.

     (a) Nothing in this chapter shall be construed in a manner to discourage or prohibit an

employer from the adoption of a menstruation leave time policy that provides greater rights or

benefits than those provided pursuant to this chapter.

     (b) Nothing in this chapter shall be construed as diminishing the obligation of an employer

to comply with any contract, collective bargaining agreement, employment benefit plan, or other

agreement that provides greater menstruation leave time to an employee than required in this

chapter.

     28-57.1-6. Security of tenure.

     Those who avail themselves of the benefits of this chapter shall be assured of security of

tenure. As such, the exercise of this option by them shall not be used as a basis for demotion in

employment or termination. The transfer to a parallel position or reassignment from one

organizational unit to another in the same agency or private enterprise shall be allowed; provided

that, it shall not involve a reduction in rank, status, salary, or otherwise amount to constructive

dismissal.

     28-57.1-7. Non-discrimination.

     No employer whether in the public or private sector shall discriminate against the

employment of women in order to avoid the benefits provided for in this chapter.

     28-57.1-8. Enforcement.

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     (a) Enforcement and notice requirements pursuant to this chapter shall be in accordance

with enforcement and notice requirements of chapter 12 of this title.

     (b) Any employee or former employee aggrieved by a violation of the provisions of this

chapter shall be entitled to the same protections and relief as under chapters 12 and 14 of this title.

     (c) An employer who violates this chapter shall be liable for a civil penalty in an amount

not less than one hundred dollars ($100) for the first violation, and each subsequent violation shall

be subject to the penalties under chapter 12 of this title.

     28-57.1-9. Regulations.

     The department shall coordinate implementation and enforcement of this chapter and shall

promulgate appropriate guidelines or regulations for such purposes. All regulations to be drafted

by the department, pursuant to this chapter, shall conform with existing applicable regulations and

statutes that govern chapter 12 of this title.

     28-57.1-10. Public education and outreach.

     The department shall develop and implement a multilingual outreach program to inform

employers and employees, about the availability of menstruation leave time under this chapter. This

program shall include the distribution of notices and other written materials in English and in all

languages spoken by more than five percent (5%) of Rhode Island’s population and any language

deemed appropriate by the department.

     28-57.1-11. Severability.

     If any provision of this chapter or any rule or regulation created under this chapter, or the

application of any provision of this chapter to any person or circumstance shall be held invalid by

any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the

application of such provision to other persons or circumstances shall not be affected thereby. The

invalidity of any section or sections or parts of any section of this chapter shall not affect the validity

of the remainder of this chapter and to this end the provisions of the chapter are declared to be

severable.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- MENSTRUATION LEAVE ACT

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     This act would grant leave of up to three (3) days per month to menstruating employees.

     This act would take effect upon passage.

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