Rhode Island § 28-57-3 - Healthy and Safe Families and Workplaces Act

§ 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) and 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 20 U.S.C. § 1087-53, and any other individuals pursuant to the provisions of 29 U.S.C. § 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.