Title 28
Labor and Labor Relations

Chapter 57
Healthy and Safe Families and Workplaces Act

§ 28-57-14. Allowable substitution of employers’ paid sick and safe leave time.

(a) Employers may have different paid leave policies for different groups of employees, provided that all policies meet the minimum requirements of this chapter.

(b) Employers who or that prefer not to track accrual of paid sick and safe leave time over the course of the benefit year may also use the following schedules for providing lump sums of sick leave or paid time off to their employees. Employers using these schedules will be in compliance even if an employee’s hours vary from week to week. For employees working an average of:

(1) Thirty-seven and one-half (37.5) to forty (40) hours per week, provide eight (8) hours per month for five (5) months;

(2) Thirty (30) hours per week, provide five (5) hours per month for eight (8) months;

(3) Twenty-four (24) hours per week, provide four (4) hours per month for ten (10) months;

(4) Twenty (20) hours per week, provide four (4) hours per month for nine (9) months;

(5) Sixteen (16) hours per week, provide three (3) hours per month for ten (10) months;

(6) Ten (10) hours per week, provide two (2) hours per month for ten (10) months;

(7) Five (5) hours per week, provide one hour per month for ten (10) months.

(c) In the case of an employer whose regular work day for full-time employees is less than eight (8) hours per day, if the employer provides five (5) days of paid sick and safe time leave consisting of the number of hours per day that constitute that full-time employee’s work day and provides them at the beginning of the year, the employer shall be in compliance with this subsection.

(d) Employers who or that provide forty (40) or more hours of paid time off or vacation to employees that also may be used as paid sick and safe leave, consistent with this section, shall not be required to provide additional sick leave to employees who use all their time for other purposes and have need of paid sick and safe leave later in the year, provided that the employers’ leave policies make clear that additional time will not be provided.