| Chapter 143 |
| 2023 -- H 5584 Enacted 06/20/2023 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- HEALTHY AND SAFE FAMILIES AND WORKPLACES ACT |
Introduced By: Representatives Messier, McNamara, Potter, Diaz, and Fellela |
| Date Introduced: February 15, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 28-57-3 of the General Laws in Chapter 28-57 entitled "Healthy and |
| Safe Families and Workplaces Act" is hereby amended to read as follows: |
| 28-57-3. Definitions. |
| As used in the chapter, the following words and terms have the following meanings: |
| (1) “Care recipient” means a person for whom the employee is responsible for providing |
| or arranging health- or safety-related care, including, but not limited to, helping the person obtain |
| diagnostic, preventive, routine, or therapeutic health treatment or ensuring the person is safe |
| following domestic violence, sexual assault, or stalking. |
| (2) “CCAP family childcare provider” means a childcare worker as defined in § 40-6.6- |
| 2(2). |
| (3) “Child” means a person as defined in § 28-41-34(3). |
| (4) “Department” means the department of labor and training. |
| (5) “Domestic partner” means a party to a civil union as defined in chapter 3.1 of title 15 |
| or a person who meets the requirements in §§ 36-12-1(3)(i) through (3)(v) has the same meaning |
| as that term is defined in § 8-8.2-20. |
| (6) “Domestic violence” means certain crimes when committed by one family or household |
| member against another as defined in § 12-29-2. |
| (7) “Employee” means any person suffered or permitted to work by an employer, except |
| for those not considered employees as defined in § 28-12-2. Independent contractors, |
| subcontractors, work study participants as described pursuant to 42 U.S.C. § 2753.23, |
| apprenticeships and interns as defined under FLSA section 3(g) and any other individuals pursuant |
| to the provisions of 29 U.S.C. Section § 203 et seq. (Fair Labor Standards Act) shall not be |
| considered to be employees for the purpose of this act. |
| (8) “Employer” means any individual or entity that includes any individual, partnership, |
| association, corporation, business trust, or any person or group of persons acting directly or |
| indirectly in the interest of an employer, in relation to an employee as defined in § 28-12-2, but |
| does not include the federal government, and provided that in determining the number of employees |
| performing work for an employer as defined in 29 C.F.R. § 791.2 of the federal Fair Labor |
| Standards Act, 29 U.S.C. § 201 et seq., the total number of employees in that group shall be |
| counted. |
| (9) “Family member” means a child, parent, spouse, mother-in-law, father-in-law, |
| grandparents, grandchildren, or domestic partner, sibling, care recipient, or member of the |
| employee’s household. |
| (10) “Healthcare professional” means any person licensed under federal or Rhode Island |
| law to provide medical or emergency services, including, but not limited to: doctors, nurses, and |
| emergency room personnel. |
| (11) “Paid sick leave time” or “paid sick and safe leave time” means time that is |
| compensated at the same hourly rate and with the same benefits, including healthcare benefits, as |
| the employee normally earns during hours worked and is provided by an employer to an employee |
| for the purposes described in § 28-57-6, but in no case shall the hourly wage paid leave be less than |
| that provided under § 28-12-3. |
| (12) “Parent” means a person as defined in § 28-41-34(9) or a person as defined in § 28- |
| 41-34(10). |
| (13) “Seasonal employee” means a person as defined in 26 C.F.R. § 54.4980H-1(a)(38). |
| (14) “Sexual assault” means a crime as defined in § 11-37-2, § 11-37-4 or § 11-37-6. |
| (15) “Sibling” means a brother or a sister, whether related through half blood, whole blood, |
| or adoption, a foster sibling, or a step-sibling. |
| (16) “Spouse” means a person as defined in § 28-41-34(13). |
| (17) “Stalking” means a crime as described in §§ 11-59-2 and 11-52-4.2. |
| (18) “Temporary employee” means any person working for, or obtaining employment |
| pursuant to an agreement with any employment agency, placement service, or training school or |
| center. |
| (19) “Unpaid sick time” is time that is used for the purposes described in § 28-57-6. |
| (20) “Year” means a regular and consecutive twelve-month (12) period as determined by |
| the employer; except that for the purposes of § 28-57-7, “year” means a calendar year. |
| SECTION 2. This act shall take effect upon passage. |
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| LC000993 |
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