2022 -- S 2245

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LC004320

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE - BENEFITS

     

     Introduced By: Senators Lawson, Seveney, Coyne, Quezada, Euer, Cano, DiPalma,
Ciccone, McCaffrey, and Mack

     Date Introduced: February 08, 2022

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 28-41-5, 28-41-34 and 28-41-35 of the General Laws in Chapter 28-

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41 entitled "Temporary Disability Insurance - Benefits" are hereby amended to read as follows:

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     28-41-5. Weekly benefit rate -- Dependents' allowances.

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     (a)(1) Benefit rate. The benefit rate payable under this chapter to any eligible individual

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with respect to any week of his or her unemployment due to sickness, when that week occurs within

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a benefit year, shall be, for benefit years beginning on or after October 7, 1990, four and sixty-two

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hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base

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period in which the individual's wages were highest; provided, however, that the benefit rate shall

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not exceed eighty-five percent (85%) of the average weekly wage paid to individuals covered by

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chapters 42 -- 44 of this title for the preceding calendar year ending December 31. If the maximum

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weekly benefit rate is not an exact multiple of one dollar ($1.00) then the rate shall be raised to the

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next higher multiple of one dollar ($1.00). Those weekly benefit rates shall be effective throughout

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the benefit years beginning on or after July 1 of the year prior to July of the succeeding calendar

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year.

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     (2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

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be raised to the next higher multiple of one dollar ($1.00).

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     (b) Dependents' allowances. An individual to whom benefits for unemployment due to

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sickness are payable under this chapter with respect to any week, shall, in addition to those benefits,

 

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be paid with respect to each week a dependent's allowance of ten dollars ($10.00) twenty dollars

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($20.00) or seven percent (7%), of the individual's benefit rate, payable under subsection (a) of this

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section, whichever is greater for each of that individual's children, including adopted and

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stepchildren or that individual's court appointed wards who, at the beginning of the individual's

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benefit year, is under eighteen (18) years of age and who is at that time in fact dependent on that

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individual. A dependent's allowance shall also be paid to that individual for any child, including an

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adopted child or a stepchild or that individual's court appointed ward, eighteen (18) years of age or

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over, incapable of earning any wages because of mental or physical incapacity, and who is

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dependent on that individual in fact at the beginning of the individual's benefit year, including

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individuals who have been appointed the legal guardian of that child by the appropriate court.

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However, in no instance shall the number of dependents for which an individual may receive

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dependents' allowances exceed five (5) in total. The weekly total of dependents' allowances payable

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to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower

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multiple of one dollar ($1.00). The number of an individual's dependents, and the fact of their

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dependency, shall be determined as of the beginning of that individual's benefit year; provided, that

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only one individual shall be entitled to a dependent's allowance for the same dependent with respect

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to any week. Each individual who claims a dependent's allowance shall establish his or her claim

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to it to the satisfaction of the director under procedures established by the director.

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     (c) Any individual's benefit rate and/or dependents' allowance in effect for a benefit year

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shall continue in effect until the end of that benefit year.

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     (d) Partial unemployment due to sickness. For weeks beginning on or after January 1, 2006,

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an individual partially unemployed due to sickness and otherwise eligible in any week shall be paid

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sufficient benefits with respect to that week, so that his or her wages, rounded to the next higher

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multiple of one dollar ($1.00), and his or her benefits combined will equal in amount the weekly

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benefit rate to which he or she would be entitled if totally unemployed due to sickness in that week;

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provided that an individual must have been totally unemployed due to sickness for at least seven

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(7) consecutive days prior to claiming partial benefits under this provision; provided, that this

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provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-41-9;

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provided, further, that nothing contained herein shall permit any individual to whom remuneration

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is payable for any work performed in any week in an amount equal to or greater than his or her

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weekly benefit rate to receive benefits or waiting period credit for that week.

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     28-41-34. Temporary caregiver insurance.

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     The purpose of this chapter is to establish, within the state temporary disability insurance

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program, a temporary caregiver insurance program to provide wage replacement benefits in

 

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accordance with the provisions of this chapter, to workers who take time off work to care for a

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seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, grandchild, sibling,

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or to bond with a new child.

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     Definitions as used in this chapter:

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     (1) "Child" means a biological, adopted, or foster son or daughter, a stepson or

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stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an

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employee who stands in loco parentis to that child.

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     (2) "Newborn child" means a child under one year of age.

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     (3) "Adopted child" means a child adopted by, or placed for adoption with, the employee.

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     (4) "Bonding or bond" means to develop a psychological and emotional attachment

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between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve

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being in one another's physical presence.

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     (5) "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal guardian,

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or other person who stands in loco parentis to the employee or the employee's spouse or domestic

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partner when he/she was a child.

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     (6) "Domestic partner" means a party to a civil union as defined by chapter 3.1 of title 15.

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     (7) "Spouse" means a party in a common law marriage, a party in a marriage conducted

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and recognized by another state or country, or in a marriage as defined by chapter 3 of title 15.

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     (8) "Grandparent" means a parent of the employee's parent.

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     (9) "Parent-in-law" means the parent of the employee's spouse or domestic partner.

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     (10) "Employee" means any person who is or has been employed by an employer subject

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to chapters 39 -- 41 of this title and in employment subject to those chapters.

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     (11) "Serious health condition" means any illness, injury, impairment, or physical or mental

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condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or

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continued treatment or continuing supervision by a licensed healthcare provider.

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     (12) "Department" means the department of labor and training.

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     (13) "Persons who stand in loco parentis" means those with day-to-day responsibilities to

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care for and financially support a child or, in the case of an employee, who had such responsibility

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for the employee when the employee was a child. A biological or legal relationship shall not be

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required.

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     (14) "Grandchild" means the child of the employee's child.

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     (15) "Sibling" means a brother or sister, whether related through half blood, whole blood

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or adoption, a foster sibling or a stepsibling.

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     28-41-35. Benefits.

 

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

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

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and customary work because he or she is:

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

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

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

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

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28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in

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accordance with the policy of the individual's employer.

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

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

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file a written intent with his or her employer, in accordance with rules and regulations promulgated

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

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

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

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changes for unforeseeable circumstances.

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

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

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chapters 39 -- 41 of this title.

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

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

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

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

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

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

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following:

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

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of four (4) weeks in a benefit year;

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

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of five (5) weeks in a benefit year;

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

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of six (6) weeks eight (8) weeks in a benefit year.

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     (4) Beginning January 1, 2024, temporary caregiver benefits shall be limited to a maximum

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of ten (10) weeks in a benefit year.

 

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

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

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year.

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

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

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

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

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

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the commencement of leave.

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

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

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

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

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

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caregiver benefits.

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

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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.

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103-3 and/or the Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who

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

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

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

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Medical Leave Act.

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

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

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Leave Act in accordance with § 28-48-1 et seq. An employer may require an employee who is

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entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the

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Rhode Island Parental and Family Medical Leave Act, § 28-48-1 et seq., who exercises his or her

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

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

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

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     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

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     This act would increase the weekly dependency allowances for workers receiving

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temporary disability insurance benefits, from ten dollars ($10.00) to twenty dollars ($20.00). It

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would add "grandchild" and "sibling" to the list of members eligible to receive state temporary

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disability insurance benefits and temporary caregiver benefits. Finally, it would increase the

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maximum weeks that temporary caregivers benefits may be given from six (6) weeks to eight (8)

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weeks in 2023 and to ten (10) weeks in 2024.

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     This act would take effect upon passage.

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