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Summary of difference between federal and state regulations
The Fair Labor Standards Act does not require payment for time not worked. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Rhode Island law doesn’t require employers to pay employees for jury duty.
Voting
Rhode Island doesn’t have a time-off-for-voting provision.
Attend court proceedings
Rhode Island law provides that employers with 50 or more employees must allow employees who are a victim of a crime to leave work to attend court proceedings related to the crime. Employers are not required to compensate such employees for this leave time. The employee may elect to use or an employer may require the employee to use the employee's accrued paid vacation, personal leave, or sick leave. The employee must not lose seniority or precedence while taking such leave.
The employee must provide the employer with a copy of notification of court proceedings before taking leave. Employers may limit the leave if the leave creates an undue hardship to the employer's business.
Subpoena
Another provision indicates that if an employee is served with a subpoena to give evidence or testify before any court, within or outside the state of Rhode Island, or before any judicial, quasi-judicial, or other administrative body or entity with the authority to issue subpoenas, the employee is protected from termination or other adverse action regarding the employee’s compensation and other terms, conditions, location, or privileges of employment.
The employee is expected to promptly notify the employer of the required court attendance. Employees are not entitled to paid time off to appear in court per the subpoena.
Family military leave
The Rhode Island Family Military Leave Act provides unpaid leave for the family of military servicemembers.
Employer coverage
The Rhode Island Family Military Leave Act covers employers with 15 or more employees, the state of Rhode Island, Rhode Island municipalities, and other units of local government.
Employee eligibility
Employees are eligible, much like the federal criteria, if they have been employed with the same employer for at least 12 months and worked for at least 1,250 hours during the preceding 12 months. The law does not indicate that the 12 months worked for the employer need to be consecutive or not.
Leave entitlement
Employers that have 15 to 50 employees must provide up to 15 days of unpaid family military leave. Employers that have 51 or more employees must provide up to 30 days of unpaid family military leave.
Employees must exhaust all accrued vacation leave, personal leave, comp time, and any other leave that may be granted — except sick leave and disability leave — before taking family military leave.
Type of leave
Leave is to be granted to spouses or parents of a person called to military service lasting longer than 30 days with the state or the United States pursuant to the orders of the governor of Rhode Island or the President of the United States.
Maintenance of health benefits
During family military leave, the employer must make it possible for employees to continue their benefits at the employee's expense. The employer and employee may negotiate for the employer to maintain benefits at the employer's expense.
Job restoration
Upon the expiration of leave, employees are entitled to restoration to the position held when the leave commences or to a position with equivalent seniority status, benefits, pay, and other terms and conditions of employment. If the employer proves that the employee was not restored because of conditions unrelated to the employee's rights under this law, restoration need not be provided.
Notice
Employees must give at least 14 days’ notice of the intended date leave will begin if the leave is to last five or more consecutive workdays. Where able, the employee must consult with the employer to schedule the leave to not unduly disrupt the operations of the employer. If military family leave is for less than five consecutive days, the employee must provide advance notice as is practicable.
The employer may require certification from the proper military authority to verify the employee's eligibility to take the requested leave.
State
Contacts
Jury duty
Department of Labor and Training
Voting
None.
Attend court proceedings
Department of the Attorney General, Victim Services Unit
Regulations
Jury duty
www.rilin.state.ri.us/Statutes/TITLE9/9-9/9-9-28.HTM
Voting
None.
Attend court proceedings
Rhode Island General Laws, Title 12 Criminal Procedure, Chapter 12-28 Victim's Rights, §12-28-13 Victim's economic security and safety:
http://webserver.rilin.state.ri.us/Statutes/TITLE12/12-28/12-28-13.HTM
Rhode Island General Laws, Title 9 Courts and Civil Procedure-Procedure, Generally, Chapter 9-1 Causes of Action, §9-1-54 Civil action against employer by employee under subpoena:
http://webserver.rilin.state.ri.us/PublicLaws/law16/law16051.htm (Chapter 051, 2016 - H 7005 Substitute A)
Rhode Island General Laws Section 30-33-1 et seq., “Rhode Island Military Leave Act”
http://webserver.rilin.state.ri.us/Statutes/TITLE30/30-33/INDEX.HTM
Federal
Contacts
None.
Statutes/Regulations
None.