2021 -- H 6090

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LC002286

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE -- BENEFITS

     Introduced By: Representative Katherine S. Kazarian

     Date Introduced: March 03, 2021

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-41-35 of the General Laws in Chapter 28-41 entitled "Temporary

Disability Insurance - Benefits" is hereby amended to read as follows:

     28-41-35. Benefits.

     (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

temporary caregiver benefits for any week in which he or she is unable to perform his or her regular

and customary work because he or she is:

     (1) Bonding with a newborn child or a child newly placed for adoption or foster care with

the employee or domestic partner in accordance with the provisions of § 28-41-36(c)(1); or

     (2) Caring for a child, a parent, parent-in-law, grandparent, spouse, or domestic partner,

who has a serious health condition, subject to a waiting period in accordance with the provisions

of § 28-41-12. Employees may use accrued sick time during eligibility waiting period in accordance

with the policy of the individual's employer.

     (b) Temporary caregiver benefits shall be available only to the employee exercising his or

her right to leave while covered by the temporary caregiver insurance program. An employee shall

file a written intent with their employer, in accordance with rules and regulations promulgated by

the department, with a minimum of thirty (30) days' notice prior to commencement of the family

leave. Failure by the employee to provide the written intent may result in delay or reduction in the

claimant's benefits, except in the event the time of the leave is unforeseeable or the time of the leave

changes for unforeseeable circumstances.

     (c) Employees cannot file for both temporary caregiver benefits and temporary disability

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

chapters 39 -- 41 of this title.

     (d) Temporary caregiver benefits may be available to any individual exercising his or her

right to leave while covered by the temporary caregiver insurance program, commencing on or

after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance with

chapters 39 -- 41 of this title. The benefits for the temporary caregiver program shall be payable

with respect to the first day of leave taken after the waiting period and each subsequent day of leave

during that period of family temporary disability leave. Benefits shall be in accordance with the

following:

     (1) Beginning January 1, 2014 temporary caregiver benefits shall be limited to a maximum

of four (4) weeks in a benefit year;

     (2) Beginning January 1, 2022 temporary caregiver benefits shall be limited to a maximum

of six (6) weeks in a benefit year;

     (3) Beginning January 1, 2023 temporary caregiver benefits shall be limited to a maximum

of eight (8) weeks in a benefit year.

     (e) In addition, no individual shall be paid temporary caregiver benefits and temporary

disability benefits which together exceed thirty (30) times his or her weekly benefit rate in any

benefit year.

     (f) Any employee who exercises his or her right to leave covered by temporary caregiver

insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

the employer to the position held by the employee when the leave commenced, or to a position with

equivalent seniority, status, employment benefits, pay, and other terms and conditions of

employment including fringe benefits and service credits that the employee had been entitled to at

the commencement of leave.

     (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

any existing health benefits of the employee in force for the duration of the leave as if the employee

had continued in employment continuously from the date he or she commenced the leave until the

date the caregiver benefits terminate; provided, however, that the employee shall continue to pay

any employee shares of the cost of health benefits as required prior to the commencement of the

caregiver benefits.

     (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits

under this section for any week beginning prior to January 1, 2014. An employer may require an

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employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, 28-41 et seq., who exercises

his or her right to benefits under the temporary caregiver insurance program under this chapter, to

take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to the

federal Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical Leave

Act.

     (i) Temporary caregiver benefits shall be in accordance with federal Family and Medical

Leave Act (FMLA) Pub. L. No. 103-3 and Rhode Island Family Parental and Family Leave Act in

accordance with § 28-48-1 et seq. An employer may require an employee who is entitled to leave

under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode Island

Parental and Family Medical Leave Act, 28-41 et seq., who exercises his or her right to benefits

under the temporary caregiver insurance program under this chapter, to take any temporary

caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and

Medical Leave Act and/or the Rhode Island Parental and Family Medical Leave Act.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE -- BENEFITS

***

     This act would increase temporary caregiver benefits to six (6) weeks in a benefit year

starting January 1, 2022 and would increase temporary caregiver benefits to eight (8) weeks in a

benefit year beginning January 1, 2023.

     This act would take effect upon passage.

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