Military leave - Rhode Island

Summary of differences between federal and state regulations

The Uniformed Services Employment and Reemployment Rights Act (USERRA) does not provide protection to members of the National Guard serving the states, nor do such members receive the protections of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) (which was re-written in 2003 as the Servicemembers Civil Relief Act) when in state (rather than federal) service. The state protections listed below are in addition to protections under federal laws.

No employer or other person shall discharge any person from employment because of being a member in the military forces of this state or hinder or prevent that person from performing any military service he or she may be called upon to perform.

Any member of the Rhode Island national guard who, in order to perform any military service, leaves a position (other than a temporary position) and who gives evidence of the satisfactory completion of that training, and who is still qualified to perform the duties of that position, shall be entitled to be restored to his or her previous or a similar position in the same status, pay, and seniority.

In addition, all National Guard members on state active duty shall be entitled to the rights, protections, privileges, and immunities offered under USERRA.

A national guard member’s absence for military training will in no way affect the employee’s right to receive normal vacation, sick leave, bonus, advancement, and other advantages of employment.

Within the discretion of the employer, the leave may be with or without pay.

Family military leave

As of June 23, 2008, the Rhode Island Family Military Leave Act provides unpaid leave for the family of military servicemembers. The Act covers employers with 15 or more employees, the state of Rhode Island, Rhode Island municipalities, and other units of local government.

Employees are eligible 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.

Employers who have 15 to 50 employees must provide up to 15 days of unpaid family military leave. Employers who have 51 or more employees must provide up to 30 days of unpaid family military 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.

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.

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.

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.

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.

State

Contacts

None.

Regulations

Rhode Island General Laws Title 30, Chapter 30-11, Employment Rights of Members of Armed Forces

www.rilin.state.ri.us/Statutes/TITLE30/30-11/INDEX.HTM

Rhode Island General Laws Title 30, Chapter 30-21, Employment of Veterans

www.rilin.state.ri.us/Statutes/TITLE30/30-21/INDEX.HTM

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

DOL’s Veterans’ Employment and Training Service (VETS)

Veterans’ Employment and Training Service (VETS)
200 Constitution Avenue, NW
Room S-1325
Washington, D.C. 20210
Phone: 1-866-4-USA-DOL (1-866-487-2365) or 202-693-4770

Website: www.dol.gov/vets/

Regulations

5 CFR Part 353 Restoration to Duty from Uniformed Service or Compensable Injury

20 CFR Part 1002 Regulations Under the Uniformed Services Employment and Reemployment Rights Act of 1994