Rhode Island Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)

How does FMLA work in Rhode Island?

The federal Family and Medical Leave Act provides eligible Rhode Island employees up to 12 workweeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Covered employers are private employers with 50 or more employees within a 75-mile radius; eligible employees must have worked for the employer for 12 months and logged at least 1,250 hours in the preceding year. FMLA runs concurrently with Rhode Island TDI/TCI when both apply, meaning state paid benefits may offset the unpaid nature of FMLA leave (https://www.dol.gov/agencies/whd/fmla).

How long is maternity leave in Rhode Island?

Maternity leave duration in Rhode Island depends on which programs apply. FMLA provides up to 12 weeks of unpaid leave for eligible employees. TDI provides paid pregnancy disability benefits for the period the birthing parent is medically unable to work — commonly 6–10 weeks depending on the delivery. TCI then provides up to 8 weeks of paid bonding leave (effective January 1, 2026). Eligible employees may combine TDI, TCI, and FMLA for a total leave period that can exceed 12 weeks, subject to concurrent-leave rules and individual eligibility (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

Is maternity leave paid or unpaid in Rhode Island?

Maternity leave in Rhode Island may be partially paid. TDI covers the pregnancy disability period with weekly benefits equal to 4.62% of highest-quarter wages, up to $1,103 per week (effective July 1, 2025). TCI covers the bonding period after disability for up to 8 weeks at the same rate. FMLA and the Rhode Island Parental and Family Medical Leave Act provide unpaid, job-protected leave. Employees may also use accrued paid sick leave during maternity leave (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

Who is eligible for FMLA in Rhode Island?

FMLA eligibility in Rhode Island requires working for a covered employer (private employer with 50+ employees within 75 miles, or any public agency), having worked for that employer for at least 12 consecutive months, and having worked at least 1,250 hours in the preceding 12 months. Employees must also work at a location where the employer has 50 or more employees within 75 miles (https://www.dol.gov/agencies/whd/fmla).

Is FMLA leave paid in Rhode Island?

FMLA leave is unpaid under federal law. However, Rhode Island’s TDI program may provide partial wage replacement during FMLA leave taken for the employee’s own serious health condition or pregnancy, and TCI may provide paid benefits during FMLA leave taken for bonding or family caregiving. These programs run concurrently when both apply, converting some or all of what would otherwise be unpaid FMLA leave into partially compensated leave (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance · https://www.dol.gov/agencies/whd/fmla).

Does Rhode Island have paid sick leave?

Yes. Rhode Island requires employers with 18 or more employees to provide paid sick and safe leave under the Healthy and Safe Families and Workplaces Act, R.I. Gen. Laws § 28-57, effective July 1, 2018. Employers with fewer than 18 employees must provide unpaid sick and safe leave with job-protection rights. Eligible employees accrue 1 hour of leave for every 35 hours worked, up to 40 hours per year (https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave).

Does Rhode Island have paid family leave?

Yes. Rhode Island’s Temporary Caregiver Insurance (TCI) program provides up to 8 weeks (effective January 1, 2026) of paid family leave for bonding with a new child or caring for a seriously ill family member. TCI is funded through employee payroll contributions at 1.1% of wages in 2026. The maximum weekly benefit is $1,103 (effective July 1, 2025). TCI is administered by the Rhode Island Department of Labor and Training (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

How many sick days are required in Rhode Island?

Rhode Island requires employees to accrue at least 1 hour of sick and safe leave for every 35 hours worked, up to a cap of 40 hours (5 days) per year. Employers with 18 or more employees must provide this leave as paid leave; smaller employers must provide it as unpaid, job-protected leave. Alternatively, employers may frontload 40 hours at the start of the year (https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave).

Does FMLA apply to small businesses in Rhode Island?

Federal FMLA applies only to private employers with 50 or more employees within a 75-mile radius. Small employers with fewer than 50 employees are not covered by FMLA or by the Rhode Island Parental and Family Medical Leave Act. However, Rhode Island’s TDI and TCI programs apply to all private-sector employers regardless of size, providing paid income replacement even where federal and state job-protection statutes do not require unpaid leave (https://www.dol.gov/agencies/whd/fmla · https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

How long is paternity leave in Rhode Island?

Non-birthing parents and fathers in Rhode Island are eligible for up to 8 weeks of paid TCI bonding leave (effective January 1, 2026) during the child’s first 12 months, subject to TCI eligibility requirements. Under FMLA, eligible employees at covered employers may take up to 12 weeks of unpaid bonding leave. Under the Rhode Island Parental and Family Medical Leave Act, eligible employees at employers with 50 or more employees may take up to 13 weeks of unpaid parental leave per two-year period (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance · https://webserver.rilegislature.gov/Statutes/TITLE28/28-48/INDEX.HTM).

Can an employer deny paid sick leave in Rhode Island?

Employers subject to the Healthy and Safe Families and Workplaces Act cannot deny sick and safe leave to eligible employees for qualifying reasons. An employer may require advance notice for foreseeable leave and may require documentation for absences exceeding three consecutive days. Retaliation or interference with sick leave rights is prohibited under R.I. Gen. Laws § 28-57. Complaints are filed with the RI DLT Labor Standards division at https://dlt.ri.gov/regulation-and-safety/labor-standards.

Is paid sick leave available to part-time employees in Rhode Island?

Yes. The Healthy and Safe Families and Workplaces Act covers full-time, part-time, temporary, and seasonal employees, subject to employer size for the paid vs. unpaid distinction. Part-time employees accrue leave at the same 1-hour-per-35-hours-worked rate as full-time employees, so accrual reflects actual hours worked (https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave).

Can paid sick leave be used for a family member’s illness in Rhode Island?

Yes. Rhode Island sick leave law expressly allows use of sick and safe leave to care for a family member with a physical or mental illness, injury, or health condition, including medical appointments, diagnosis, treatment, and preventive care. The definition of family member is broad and includes children, parents, spouses, domestic partners, grandparents, grandchildren, siblings, and members of the employee’s household (https://webserver.rilegislature.gov/Statutes/TITLE28/28-57/INDEX.htm).

What happens to unused sick leave if an employee leaves their job in Rhode Island?

Rhode Island law does not require employers to pay out unused accrued sick leave upon separation. Employers who choose to pay out unused sick time at year-end must still provide the full required amount of sick leave at the start of the following year for immediate use. If an employee is rehired within 135 days of separation, previously unused accrued sick time must be reinstated (https://dlt.ri.gov/regulation-and-safety/labor-standards/paid-sick-and-safe-leave).

Is there a waiting period before using paid sick leave in Rhode Island?

Yes. New employees may be required to wait 90 calendar days from the start of employment before using accrued sick leave. Temporary employees face a 180-day waiting period, and seasonal employees face a 150-day waiting period. Accrual begins on the first day of employment; the waiting period governs when leave may be used, not when it accrues (https://dlt.ri.gov/sites/g/files/xkgbur571/files/documents/pdf/ls/HSFWfactsheet.pdf).

How much does Rhode Island paid family leave pay?

TCI benefits are calculated at 4.62% of the employee’s wages in the highest quarter of the base period. The maximum weekly benefit is $1,103 (effective July 1, 2025), with a dependency allowance of $20 or 7% of the weekly benefit per dependent child under 18 (up to 5 children), bringing the maximum to $1,489 per week with five dependents. TCI benefits are taxable income. The benefit rate increases to 5.38% effective January 1, 2027 (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

How long is paid family leave in Rhode Island?

TCI provides up to 8 weeks of paid benefits per benefit year effective January 1, 2026 (expanded from 7 weeks). TCI may be taken for bonding with a new child or caring for a seriously ill covered family member. TCI is not available intermittently; claims run consecutively (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).

Who pays for Rhode Island paid family leave — the employer or employee?

TDI and TCI are funded entirely through employee payroll contributions. Employers do not contribute to the TDI/TCI fund. The 2026 employee contribution rate is 1.1% on the first $100,000 of wages, with a maximum annual contribution of $1,100. Rhode Island does not permit private TDI/TCI plans; all private-sector employers must use the state program (https://dlt.ri.gov/press-releases/2026-tax-rates-unemployment-insurance-and-temporary-disability-insurance).

Can Rhode Island TCI and FMLA be taken at the same time?

Yes. TCI and FMLA run concurrently when both apply. Employers covered by FMLA may require employees exercising TCI rights to take TCI benefits concurrently with FMLA leave under R.I. Gen. Laws § 28-41-35. The result is that the TCI paid benefit offsets what would otherwise be unpaid FMLA leave for the same qualifying reason (https://webserver.rilegislature.gov/Statutes/TITLE28/28-41/28-41-35_28-41-35.htm).

Is the job protected during Rhode Island TCI leave?

Under Rhode Island law, an employer may not take adverse action against an employee on TCI leave. Upon return, the employer must offer the same position or a comparable position with equivalent seniority, status, pay, benefits, and terms (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance/employers). TDI (own disability leave) does not carry the same statutory job restoration guarantee under state law alone, though other protections — including FMLA and the Rhode Island Parental and Family Medical Leave Act — may apply depending on the circumstances.

What is the Rhode Island TDI/TCI contribution rate for 2026?

The 2026 TDI/TCI employee contribution rate is 1.1% of wages, applied to the first $100,000 of taxable wages. The maximum annual employee contribution is $1,100. The rate decreased from 1.3% in 2025, while the taxable wage base increased from $89,200 to $100,000. The DLT publishes annual rate updates at https://dlt.ri.gov/press-releases/2026-tax-rates-unemployment-insurance-and-temporary-disability-insurance.

How do I apply for Rhode Island paid family leave (TCI)?

TCI applications are filed online through the Rhode Island DLT portal at https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance. Applications must be submitted within 30 days of beginning leave. For foreseeable leave (such as bonding with an expected newborn), employees must provide the employer with at least 30 days’ written advance notice. Claims are paid by direct deposit or electronic payment card. Questions may be directed to DLT.TDI@dlt.ri.gov.

Can Rhode Island TCI leave be taken intermittently?

No. TCI leave is not available on an intermittent basis. Leave must be taken consecutively for the duration of the qualifying event. This differs from federal FMLA, which permits intermittent leave for qualifying medical conditions when medically necessary. If intermittent family or medical leave is needed, employees should consult with their employer regarding FMLA intermittent leave eligibility (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance · https://www.dol.gov/agencies/whd/fmla).

What is the Rhode Island pregnancy disability leave program?

Rhode Island’s TDI program provides paid pregnancy disability benefits for birthing parents who are medically unable to work due to pregnancy, childbirth, or related conditions. Benefits are calculated at 4.62% of the highest-quarter base period wages, up to $1,103 per week. The disability period is certified by the employee’s healthcare provider and typically covers the period of physical incapacity before and after delivery. Following the disability period, TCI bonding leave may begin for up to 8 additional weeks (https://dlt.ri.gov/individuals/temporary-disability-caregiver-insurance).