§ 28-57-4. Exemptions.

(a) Nothing in this chapter shall be construed to conflict with the provisions of the Food Code or the Rules and Regulations pertaining to Reporting Infectious, Environmental and Occupational Diseases.

(b) Any employer with a paid leave time off policy or paid sick and safe leave policy who or that makes available at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter of paid time off or paid sick and safe leave time to employees or any employer who or that offers unlimited paid time off or paid sick and safe time is exempt from § 28-57-5(a), (b), (c), and (e). Employers who or that provide at least twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter of paid sick or safe leave or paid time off that can be used for the purposes consistent with this act at the beginning of each benefit year do not need to track accrual, allow any carryover, or payout.

(c) Any employer who or that employs less than eighteen (18) employees as defined in this act is exempt from § 28-57-5; provided, however, that any such employer shall not take an adverse action against an employee of the employer solely based upon the employee€™s use of up to twenty-four (24) hours during calendar year 2018, thirty-two (32) hours during calendar year 2019, and forty (40) hours per calendar year thereafter, subject to § 28-57-6 and § 28-57-10.

(d) Any employer is not required to provide any paid sick and/or safe leave time to any employees who are employed by a municipality or the state.

(e) Any employer in the construction industry, as classified as code under the North American Industry Classification System, is not required to provide any paid sick and/or safe leave time to any employees who work under a collective bargaining agreement until July 1, 2018.

(f) Any employee licensed to practice nursing pursuant to chapter 34 of title 5 is not subject to the provisions of this chapter if the employee:

(1) Is employed by a healthcare facility;

(2) Is under no obligation to work a regular schedule;

(3) Works only when he or she indicates that he or she is available to work and has no obligation to work when he or she does not indicate availability; and

(4) Receives higher pay than that paid to an employee of the same healthcare facility performing the same job on a regular schedule.