Rhode Island 2023 Regular Session

Rhode Island House Bill H5584 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5584
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7	7	LC000993
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAM ILIES
16	16	AND WORKPLACES ACT
17	17	Introduced By: Representatives Messier, McNamara, Potter, Diaz, and Fellela
18	18	Date Introduced: February 15, 2023
19	19	Referred To: House Labor
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 28-57-3 of the General Laws in Chapter 28-57 entitled "Healthy and 1
24	24	Safe Families and Workplaces Act" is hereby amended to read as follows: 2
25	25	28-57-3. Definitions. 3
26	26	As used in the chapter, the following words and terms have the following meanings: 4
27	27	(1) “Care recipient” means a person for whom the employee is responsible for providing 5
28	28	or arranging health- or safety-related care, including, but not limited to, helping the person obtain 6
29	29	diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe 7
30	30	following domestic violence, sexual assault, or stalking. 8
31	31	(2) “CCAP family childcare provider” means a childcare worker as defined in § 40-6.6-9
32	32	2(2). 10
33	33	(3) “Child” means a person as defined in § 28-41-34(3). 11
34	34	(4) “Department” means the department of labor and training. 12
35	35	(5) “Domestic partner” means a party to a civil union as defined in chapter 3.1 of title 15 13
36	36	or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) has the same meaning 14
37	37	as that term is defined in § 8-8.2-20. 15
38	38	(6) “Domestic violence” means certain crimes when committed by one family or household 16
39	39	member against another as defined in § 12-29-2. 17
40	40	(7) “Employee” means any person suffered or permitted to work by an employer, except 18
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44	44	for those not considered employees as defined in § 28-12-2. Independent contractors, 1
45	45	subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23, 2
46	46	apprenticeships and interns as defined under FLSA section 3(g) and any other individuals pursuant 3
47	47	to the provisions of 29 U.S.C. Section 203 et seq. (Fair Labor Standards Act) shall not be considered 4
48	48	to be employees for the purpose of this act. 5
49	49	(8) “Employer” means any individual or entity that includes any individual, partnership, 6
50	50	association, corporation, business trust, or any person or group of persons acting directly or 7
51	51	indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but 8
52	52	does not include the federal government, and provided that in determining the number of employees 9
53	53	performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor 10
54	54	Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be 11
55	55	counted. 12
56	56	(9) “Family member” means a child, parent, spouse, mother-in-law, father-in-law, 13
57	57	grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the 14
58	58	employee’s household. 15
59	59	(10) “Healthcare professional” means any person licensed under federal or Rhode Island 16
60	60	law to provide medical or emergency services, including, but not limited to: doctors, nurses, and 17
61	61	emergency room personnel. 18
62	62	(11) “Paid sick leave time” or “paid sick and safe leave time” means time that is 19
63	63	compensated at the same hourly rate and with the same benefits, including healthcare benefits, as 20
64	64	the employee normally earns during hours worked and is provided by an employer to an employee 21
65	65	for the purposes described in § 28-57-6, but in no case shall the hourly wage paid leave be less than 22
66	66	that provided under § 28-12-3. 23
67	67	(12) “Parent” means a person as defined in § 28-41-34(9) or a person as defined in § 28-24
68	68	41-34(10). 25
69	69	(13) “Seasonal employee” means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38). 26
70	70	(14) “Sexual assault” means a crime as defined in § 11-37-2, § 11-37-4 or § 11-37-6. 27
71	71	(15) “Sibling” means a brother or a sister, whether related through half blood, whole blood, 28
72	72	or adoption, a foster sibling, or a step-sibling. 29
73	73	(16) “Spouse” means a person as defined in § 28-41-34(13). 30
74	74	(17) “Stalking” means a crime as described in §§ 11-59-2 and 11-52-4.2. 31
75	75	(18) “Temporary employee” means any person working for, or obtaining employment 32
76	76	pursuant to an agreement with any employment agency, placement service, or training school or 33
77	77	center. 34
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81	81	(19) “Unpaid sick time” is time that is used for the purposes described in § 28-57-6. 1
82	82	(20) “Year” means a regular and consecutive twelve-month (12) period as determined by 2
83	83	the employer; except that for the purposes of § 28-57-7, “year” means a calendar year. 3
84	84	SECTION 2. This act shall take effect upon passage. 4
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91	91	EXPLANATION
92	92	BY THE LEGISLATIVE COUNCIL
93	93	OF
94	94	A N A C T
95	95	RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAM ILIES
96	96	AND WORKPLACES ACT
97	97	***
98	98	This act would amend the definition of employee to remove apprenticeships and interns 1
99	99	and any other individuals pursuant to the provisions of the Fair Labor Standards Act (FLSA), 29 2
100	100	U.S.C. Section 203 et seq. 3
101	101	This act would take effect upon passage. 4
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103	103	LC000993
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