Chapter
061
2008 -- H 7774
Enacted 06/23/08
A N A C T
RELATING TO MILITARY
AFFAIRS AND DEFENSE
Introduced By: Representative Victor G. Moffitt
Date Introduced: February 26, 2008
It is
enacted by the General Assembly as follows:
SECTION
1. Title 30 of the General Laws entitled "MILITARY AFFAIRS AND
DEFENSE"
is hereby amended by adding thereto the following chapter:
CHAPTER 33
THE RHODE ISLAND MILITARY FAMILY RELIEF ACT
30-33-1.
Short title. -- This act may be cited as "The Family Military
Leave Act".
30-33-2.
Definitions. -- The following words or phrases as used in this
chapter mean the
following:
(1)
"Employee" means any person who may be permitted, required, or
directed by an
employer
in consideration of direct or indirect gain or profit to engage in any
employment.
"Employee”
does include an independent contractor. "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 (12) month period immediately preceding the commencement of leave.
(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.
(3)
“Employer" means any person, partnership, corporation, association, other
business
entities,
the state of Rhode Island, Rhode Island municipalities, and other units of
local
government.
(4)
"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.
30-33-3.
Family military leave requirements. -- (a) Any employer, as defined
in section
30-33-2,
that employs between fifteen (15) and fifty (50) employees shall provide up to
fifteen
(15)
days of unpaid family military leave to an employee during the time federal or state
orders
are
in effect, in accordance with the provisions set forth in this section. Family
military leave
granted
under this act may consist of unpaid leave.
(b)
Any employer, as defined in section 30-33-2, that employs more than fifty (50)
employees
shall provide up to thirty (30) days of unpaid family military leave to an
employee
during
the time federal or state orders are in effect, in accordance with the
provisions set forth in
this
section. Family military leave granted under this act may consist of unpaid
leave.
(c)
The employee shall give at least fourteen (14) days notice of the intended date
upon
which
family military leave will commence if the leave will consist of five (5) or
more
consecutive
workdays. Where able the employee shall consult with the employer to schedule
the
leave
to not unduly disrupt the operations of the employer. Employees taking military
family
leave
for less than five (5) consecutive days shall give the employer advances notice
as is
practicable.
The employer may require certification from the proper military authority to
verify
the
employee's eligibility to take the requested family military leave.
(d)
An employee shall not take leave as provided under this act unless he or she
has
exhausted
all accrued vacation leave, personal leave, compensatory leave or time, and any
other
leave
that may be granted to the employee, with the exception of sick leave and
disability leave.
30-33-4.
Employee benefits protection. -- (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.
(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.
30-33-5.
Prohibited actions. -- (a) An employer shall not interfere with,
restrain, or deny
the
exercise or the attempt to exercise any right provided under this act. (b) An
employer shall not
discharge,
fine, suspend, expel, discipline or in any other manner discriminate against
any
employee
that exercises any right provided under this act. (c) An employer shall not
discharge,
fine,
suspend, expel or discipline or in any other manner discriminate against any
employee for
opposing
any practice made unlawful under this act.
30-33-6.
Enforcement. -- A civil action may be brought to the state court
having
jurisdiction
by any employee to enforce this act. The court may enjoin any act or practice
that
violates
or may violate this act and may order any other equitable relief that is
necessary and
appropriate
to redress the violation or to enforce this act.
SECTION
2. This act shall take effect upon passage.
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LC01953
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