Growing Family Benefits
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Rhode Island Parental & Family Medical Leave Act
The Rhode Island Family and Medical Leave Act (RIFMLA) is an important maternity benefit for couples in the Ocean State. Its federal counterpart the (FMLA) provides similar job protections. There are subtle variations in the two regulations, and some key features in the RI version that provide important paid leave options for couples experiencing specific sets of circumstances.
Three key points that you may not find elsewhere will be explored below in greater detail.
- RI vs Federal FMLA regulations
- Paid Leave in Rhode Island
- Unemployment and Family Leave
Applying for Maternity Benefits Rhode Island is unique. It is one of only five states with regulations requiring that employees purchase disability coverage. These policies provide paid leave when a covered worker needs to take a medical leave. The most common request is for maternity benefits when mom delivers her newborn. Make sure to understand the process and make the most of the RI disability scheme.
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RI Family Medical Leave: Eligibility Guidelines
The Rhode Island Family Medical Leave Act (RIFMLA) allows for 13 weeks of unpaid leave over a 24 month period. The employee must have worked for the employer for at least 12 consecutive months immediately preceding the leave, and must have averaged 30 hours of work over that time.
The Rhode Island Family Leave applies to employers as follows:
* Private employees - with 50 or more employees worldwide
* State of Rhode Island - all offices
* City, Town, or Municipal - with 30 or more employees
You may qualify for job protection benefits for parental or family leave. Each has unique eligibility guidelines. Parental leave is available for either the birth of a newborn child or the employee, or the adoption of a child age sixteen or younger. Family leave may be taken to address the serious illness of a family member. Serious illness and family member definitions are spelled out on the RI Department of Labor website.
Your employer must continue any employer-provided health benefits, including dental, vision, and other benefits. You may be required to pay your portion of the premiums. These contributions will now be AFTER TAX, costing you more out of pocket that while you are working.
You have a right to re-instatement to previous position or one that is equivalent in terms of benefits, pay, and other conditions of employment.
RI Family Medical Leave vs the FMLA
The (FMLA) is a federal law, whereas the Rhode Island Act applies to RI workers only. The two laws are very similar leaving this writer to wonder why have a separate state law if it does not provide additional protection for it's citizens? The advantages of the separate regulation fall into two categories.
Additional employers may be covered by the RI regulation. More workers may qualify as the employer criteria is 50 employees total, whereas the federal regulation restricts qualifications to worksites with 50 or more workers within a 75 mile radius. The RI law also lowers the employment size for city, town, and municipalities.
Fewer workers may qualify under the RI rule based upon number of hours worked. The RI requirement is 30 hours per week over the preceding 12 months which calculates out to 1,560 hours. The FMLA requires only 1,250 hours over the same time-span.
Length of time rules have key variations as summarized in the table.
| Federal | Rhode Island | |
| Length | 12 Weeks | 13 Weeks |
| Frequency | Every 12 months | Every 24 months |
Rhode Island Paid Family Leave
In maternity situations mom may enjoy six to eight weeks of paid parental leave time so that she may bond with her baby. Purchasing a private policy covering pregnancy can help her increase the level of paid leave, or just lengthen the amount of time she can afford to stay at home.
Paid family leave will be much harder to find if the qualifying reason relates to caring for a sick family member: parent, child, etc. Since one or both parents are perfectly healthy, disability benefits are not payable.
Rhode Island FMLA and Unemployment Insurance
Many women work for smaller employers not covered under the RIFMLA. Once recovering from childbirth, she may find she is no longer employed, and may be able to collect benefits. The second scenario occurs when mom needs to leave work prior to delivery to take bed rest. The total amount of time away from work may exceed 13 weeks, and put her in the same situation - a lost job with good cause.
Effective January 1, 2011 Rhode Island utilized federal unemployment compensation modernization incentives to expand ways benefits may be paid. Workers may now tap benefits for voluntary discharge due to an illness or disability of a family member. This definition fits many but not all of the requirements for job protection benefits under Rhode Island FMLA and may also work as "paid family leave insurance".
Sources: Rhode Island Dept of Labor and Training: Family and Medical Leave, Unemployment Insurance
