Rhode Island 2025 Regular Session

Rhode Island House Bill H6065 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	2025 -- H 6065
6	6	========
7	7	LC002041
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. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS – RHODE ISLAND BONE MA RROW
16	16	AND ORGAN DONOR LEAV E ACT
17	17	Introduced By: Representatives Giraldo, Furtado, Handy, Alzate, Cruz, McGaw, Potter,
18	18	McNamara, Speakman, and Slater
19	19	Date Introduced: March 12, 2025
20	20	Referred To: House Labor
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR RELATIONS" 1
25	25	is hereby amended by adding thereto the following chapter: 2
26	26	CHAPTER 48.1 3
27	27	RHODE ISLAND BONE MARROW AND ORGAN DONOR LEAVE ACT 4
28	28	28-48.1-1. Short title. 5
29	29	This chapter shall be known and may be cited as the “Rhode Island Bone Marrow and 6
30	30	Organ Donor Leave Act”. 7
31	31	28-48.1-2. Definitions. 8
32	32	As used in this chapter, the following words and terms shall have the following meanings 9
33	33	unless the context shall clearly indicate another or different meaning or intent: 10
34	34	(1) “Bone marrow transplant donor” means an individual from whose body bone marrow 11
35	35	is taken to be transferred to the body of another person. 12
36	36	(2) “Director” means the director of the department of labor and training. 13
37	37	(3) “Employee” means any full-time employee who works an average of thirty (30) or more 14
38	38	hours per week. 15
39	39	(4) “Employer” means and includes: 16
40	40	(i) Any person, sole proprietorship, partnership, corporation, or other business entity that 17
41	41	employs fifty (50) or more employees; 18
42	42
43	43
44	44	LC002041 - Page 2 of 5
45	45	(ii) The State of Rhode Island, including the executive, legislative, and judicial branches, 1
46	46	and any state department or agency that employs any employees; 2
47	47	(iii) Any city or town or municipal agency that employs thirty (30) or more employees; and 3
48	48	(iv) Any person who acts directly or indirectly in the interest of any employer. 4
49	49	(5) “Living organ donor” means an individual who donates all or part of an organ and is 5
50	50	not deceased. 6
51	51	28-48.1-3. Leave requirements. 7
52	52	Medical leave shall be available to any qualified employee serving as a living organ donor 8
53	53	or bone marrow transplant donor. Such leave shall cover any procedures, medical tests, and 9
54	54	surgeries related to donation, including recovery from said donation. The maximum duration of 10
55	55	leave is thirty (30) days for organ donation and five (5) days for bone marrow donation. 11
56	56	28-48.1-4. Employment and health benefits protection. 12
57	57	(a) Every employee who exercises their right to bone marrow or organ donor leave pursuant 13
58	58	to this chapter shall, upon the expiration of that leave, be entitled to be restored by the employer to 14
59	59	the position held by the employee when the leave commenced, or to a position with equivalent 15
60	60	seniority, status, employment benefits, pay, and other terms and conditions of employment, 16
61	61	including fringe benefits and service credits that the employee had been entitled to at the 17
62	62	commencement of leave. 18
63	63	(b) During any bone marrow or organ donor leave taken pursuant to this chapter, the 19
64	64	employer shall maintain any existing health benefits of the employee in force for the duration of 20
65	65	the leave as if the employee had continued in employment continuously from the date they 21
66	66	commenced the leave until the date they return to employment pursuant to subsection (a) of this 22
67	67	section. 23
68	68	(c) Prior to commencement of bone marrow or organ donor leave, the employee shall pay 24
69	69	to the employer a sum equal to the premium required to maintain the employee’s health benefits in 25
70	70	force during the period of bone marrow or organ donor leave. The employer shall return the 26
71	71	payment to the employee within ten (10) days following the employee’s return to employment. 27
72	72	28-48.1-5. Effect on existing employment benefits. 28
73	73	(a) The taking of bone marrow or organ donor leave pursuant to this chapter shall not result 29
74	74	in the loss of any benefit accrued before the date on which the leave commenced. 30
75	75	(b) Except as provided in §28-48.1-4(b), nothing in this chapter shall be construed to entitle 31
76	76	any employee who takes bone marrow or organ donor leave pursuant to this chapter, to any benefit 32
77	77	other than benefits to which the employee would have been entitled had they not taken the leave. 33
78	78	(c) Nothing in this chapter shall be construed to affect an employer’s obligation to comply 34
79	79
80	80
81	81	LC002041 - Page 3 of 5
82	82	with any collective bargaining agreement or employment benefit plan that provides greater bone 1
83	83	marrow or organ donor leave rights to employees than the rights provided under this chapter. 2
84	84	(d) The bone marrow or organ donor leave rights mandated by this chapter shall not be 3
85	85	diminished by any collective bargaining agreement or by any employment benefit plan. 4
86	86	(e) Nothing in this chapter shall be construed to affect or diminish the contract rights or 5
87	87	seniority status of any other employee of any employer covered by this chapter. 6
88	88	28-48.1-6. Prohibited acts. 7
89	89	(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of 8
90	90	or the attempt to exercise any right provided by this chapter. 9
91	91	(b) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or 10
92	92	in any other manner discriminate against any employee for exercising any right provided by this 11
93	93	chapter. 12
94	94	(c) It shall be unlawful for any employer to discharge, fine, suspend, expel, discipline, or 13
95	95	in any other manner discriminate against any employee for opposing any practice made unlawful 14
96	96	by this title. 15
97	97	28-48.1-7. Judicial enforcement. 16
98	98	A civil action may be brought in the superior court by an employee or by the director 17
99	99	against any employer to enforce the provisions of this chapter or of any order issued by the director 18
100	100	pursuant to §28-48.1-8. The court may enjoin any act or practice that violates or may violate any 19
101	101	provision of this chapter, and may order any other equitable relief that is necessary and appropriate 20
102	102	to redress the violation or to enforce any provision of this chapter. 21
103	103	28-48.1-8. Enforcement powers of the director. 22
104	104	If, after giving an employer written notice and an opportunity to be heard, the director finds 23
105	105	that the employer has failed to comply with any provision of this chapter, the director may issue 24
106	106	the orders that the director deems necessary to protect the rights of any employee. The director shall 25
107	107	promulgate the rules and regulations that are necessary and appropriate to implement the provisions 26
108	108	of this chapter. 27
109	109	28-48.1-9. Civil penalty for violations. 28
110	110	Any employer that violates any provision of this chapter or of any order issued pursuant to 29
111	111	§28-48.1-8 shall be subject to a civil penalty of not more than one thousand dollars ($1,000). In the 30
112	112	case of a continuing violation, each day’s continuance shall be deemed a separate and distinct 31
113	113	offense. 32
114	114	28-48.1-10. Notice. 33
115	115	(a) Each employer shall post and keep posted, in conspicuous places upon its premises 34
116	116
117	117
118	118	LC002041 - Page 4 of 5
119	119	where notices to employees and applicants for employment are customarily posted, a notice, to be 1
120	120	approved by the department of labor and training, setting forth excerpts from, or summaries of, the 2
121	121	pertinent provisions of this chapter and information pertaining to the filing of a civil action. 3
122	122	(b) Any employer that willfully violates this section shall be assessed a civil money penalty 4
123	123	not to exceed one hundred dollars ($100) for each separate offense. 5
124	124	28-48.1-11. Severability. 6
125	125	If any provision of this chapter or its application to any person or circumstance is held to 7
126	126	be invalid by any court of competent jurisdiction, that invalidity shall not affect other provisions or 8
127	127	applications of this chapter that can be given effect without the invalid provision or application, 9
128	128	and to that end, the provisions of this chapter are declared to be severable. 10
129	129	SECTION 2. This act shall take effect upon passage. 11
130	130	========
131	131	LC002041
132	132	========
133	133
134	134
135	135	LC002041 - Page 5 of 5
136	136	EXPLANATION
137	137	BY THE LEGISLATIVE COUNCIL
138	138	OF
139	139	A N A C T
140	140	RELATING TO LABOR AND LABOR RELATIONS – RHODE ISLAND BONE MA RROW
141	141	AND ORGAN DONOR LEAV E ACT
142	142	***
143	143	This act would mandate paid leave by allowing qualified employees to take medical leave 1
144	144	to undergo donation procedures, medical tests, and recovery related to being a living organ donor, 2
145	145	or bone marrow transplant donor. The act would also provide that the maximum durations of leave 3
146	146	for each type of donation - up to thirty (30) days for organ donation, and five (5) days for bone 4
147	147	marrow donation. 5
148	148	This act would take effect upon passage. 6
149	149	========
150	150	LC002041
151	151	========