Rhode Island 2023 Regular Session

Rhode Island House Bill H6343 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 6343
6	6	========
7	7	LC002382
8	8	========
9	9	S T A T E O F R H O D E I S L A N D
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 -- MENSTRUATION LEAVE A CT
16	16	Introduced By: Representatives Alzate, Henries, Stewart, Speakman, Cotter, Spears,
17	17	Casimiro, Kazarian, McEntee, and Kislak
18	18	Date Introduced: April 28, 2023
19	19	Referred To: House Labor
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
24	24	is hereby amended by adding thereto the following chapter: 2
25	25	CHAPTER 57.1 3
26	26	MENSTRUATION LEAVE ACT 4
27	27	28-57.1-1. Short title. 5
28	28	This act shall be known and may be cited as the "Menstruation Leave Act." 6
29	29	28-57.1-2. Declaration of policy. 7
30	30	It is the policy of the state to protect and promote the right to health of the people and instill 8
31	31	health consciousness among them. Likewise, the state recognizes the role of women in nation-9
32	32	building, and shall ensure the fundamental equality before the law of women and men. Thus, it 10
33	33	shall be the priority of the state to protect working women by providing safe and healthful 11
34	34	conditions, taking into account their maternal functions, and such facilities and opportunities that 12
35	35	will enhance their welfare and enable them to realize their full potential in the service of the nation. 13
36	36	28-57.1-3. Definitions. 14
37	37	As used in the chapter, the following words and terms have the following meanings: 15
38	38	(1) “Department” means the department of labor and training. 16
39	39	(2) “Employee” means any person suffered or permitted to work by an employer, except 17
40	40	for those not considered employees as defined in § 28-12-2. Independent contractors, 18
41	41	subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23, 19
42	42
43	43
44	44	LC002382 - Page 2 of 4
45	45	apprenticeships and interns as defined under FLSA section 3(g) shall not be considered to be 1
46	46	employees for the purpose of this chapter. 2
47	47	(3) “Employer” means any individual or entity that includes any individual, partnership, 3
48	48	association, corporation, business trust, or any person or group of persons acting directly or 4
49	49	indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but 5
50	50	does not include the federal government; and provided that, in determining the number of 6
51	51	employees performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair 7
52	52	Labor Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be 8
53	53	counted. 9
54	54	(4) “Menstruation” means a discharging of blood, secretions, and tissue debris that recurs 10
55	55	typically at four (4) week intervals and lasting three (3) to five (5) days. 11
56	56	28-57.1-4. Menstruation leave. 12
57	57	Notwithstanding any law, rules and regulations to the contrary, every menstruating 13
58	58	employee, in the private and public sectors, shall be entitled to monthly menstruation leave of up 14
59	59	to three (3) days; provided that, the employee has rendered at least six (6) months of prior service. 15
60	60	28-57.1-5. Greater sick and safe leave policies. 16
61	61	(a) Nothing in this chapter shall be construed in a manner to discourage or prohibit an 17
62	62	employer from the adoption of a menstruation leave time policy that provides greater rights or 18
63	63	benefits than those provided pursuant to this chapter. 19
64	64	(b) Nothing in this chapter shall be construed as diminishing the obligation of an employer 20
65	65	to comply with any contract, collective bargaining agreement, employment benefit plan, or other 21
66	66	agreement that provides greater menstruation leave time to an employee than required in this 22
67	67	chapter. 23
68	68	28-57.1-6. Security of tenure. 24
69	69	Those who avail themselves of the benefits of this chapter shall be assured of security of 25
70	70	tenure. As such, the exercise of this option by them shall not be used as a basis for demotion in 26
71	71	employment or termination. The transfer to a parallel position or reassignment from one 27
72	72	organizational unit to another in the same agency or private enterprise shall be allowed; provided 28
73	73	that, it shall not involve a reduction in rank, status, salary, or otherwise amount to constructive 29
74	74	dismissal. 30
75	75	28-57.1-7. Non-discrimination. 31
76	76	No employer whether in the public or private sector shall discriminate against the 32
77	77	employment of women in order to avoid the benefits provided for in this chapter. 33
78	78	28-57.1-8. Enforcement. 34
79	79
80	80
81	81	LC002382 - Page 3 of 4
82	82	(a) Enforcement and notice requirements pursuant to this chapter shall be in accordance 1
83	83	with enforcement and notice requirements of chapter 12 of this title. 2
84	84	(b) Any employee or former employee aggrieved by a violation of the provisions of this 3
85	85	chapter shall be entitled to the same protections and relief as under chapters 12 and 14 of this title. 4
86	86	(c) An employer who violates this chapter shall be liable for a civil penalty in an amount 5
87	87	not less than one hundred dollars ($100) for the first violation, and each subsequent violation shall 6
88	88	be subject to the penalties under chapter 12 of this title. 7
89	89	28-57.1-9. Regulations. 8
90	90	The department shall coordinate implementation and enforcement of this chapter and shall 9
91	91	promulgate appropriate guidelines or regulations for such purposes. All regulations to be drafted 10
92	92	by the department, pursuant to this chapter, shall conform with existing applicable regulations and 11
93	93	statutes that govern chapter 12 of this title. 12
94	94	28-57.1-10. Public education and outreach. 13
95	95	The department shall develop and implement a multilingual outreach program to inform 14
96	96	employers and employees, about the availability of menstruation leave time under this chapter. This 15
97	97	program shall include the distribution of notices and other written materials in English and in all 16
98	98	languages spoken by more than five percent (5%) of Rhode Island’s population and any language 17
99	99	deemed appropriate by the department. 18
100	100	28-57.1-11. Severability. 19
101	101	If any provision of this chapter or any rule or regulation created under this chapter, or the 20
102	102	application of any provision of this chapter to any person or circumstance shall be held invalid by 21
103	103	any court of competent jurisdiction, the remainder of the chapter, rule, or regulation and the 22
104	104	application of such provision to other persons or circumstances shall not be affected thereby. The 23
105	105	invalidity of any section or sections or parts of any section of this chapter shall not affect the validity 24
106	106	of the remainder of this chapter and to this end the provisions of the chapter are declared to be 25
107	107	severable. 26
108	108	SECTION 2. This act shall take effect upon passage. 27
109	109	========
110	110	LC002382
111	111	========
112	112
113	113
114	114	LC002382 - Page 4 of 4
115	115	EXPLANATION
116	116	BY THE LEGISLATIVE COUNCIL
117	117	OF
118	118	A N A C T
119	119	RELATING TO LABOR AND LABOR RELATIONS -- MENSTRUATION LEAVE A CT
120	120	***
121	121	This act would grant leave of up to three (3) days per month to menstruating employees. 1
122	122	This act would take effect upon passage. 2
123	123	========
124	124	LC002382
125	125	========