law24333

Chapter 333

2024 -- S 2121 SUBSTITUTE A AS AMENDED
Enacted 06/25/2024

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- BENEFITS

Introduced By: Senators Lawson, Ruggerio, Pearson, Bissaillon, Lauria, DiMario, Euer, Gallo, Cano, and Miller

Date Introduced: January 12, 2024

It is enacted by the General Assembly as follows:

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

"Temporary Disability Insurance — Benefits" are hereby amended to read as follows:

28-41-5. Weekly benefit rate — Dependents’ allowances.

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

with respect to any week of his or her the individual’s unemployment due to sickness, when that

week occurs within a benefit year, shall be, for benefit years beginning on or after October 7, 1990,

four and sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar

quarter of the base period in which the individual’s wages were highest; provided, however, that

the benefit rate shall not exceed eighty-five percent (85%) of the average weekly wage paid to

individuals covered by chapters 42 — 44 42 through 44 42 — 44 of this title for the preceding

calendar year ending December 31. If the maximum weekly benefit rate is not an exact multiple of

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

Those weekly benefit rates shall be effective throughout the benefit years beginning on or after July

1 of the year prior to July of the succeeding calendar year.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

next lower multiple of one dollar ($1.00). The number of an individual’s dependents, and the fact

of their dependency, shall be determined as of the beginning of that individual’s benefit year;

provided, that only one individual shall be entitled to a dependent’s allowance for the same

dependent with respect to any week. Each individual who claims a dependent’s allowance shall

establish his or her their claim to it to the satisfaction of the director under procedures established

by the director.

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

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

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

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

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

the weekly benefit rate to which he or she the individual would be entitled if totally unemployed

due to sickness in that week; provided that an individual must have been totally unemployed due

to sickness for at least seven (7) consecutive days prior to claiming partial benefits under this

provision; provided, that this provision shall not apply if the individual is entitled to lag day benefits

pursuant to § 28-41-9; provided, further, that nothing contained herein shall permit any individual

to whom remuneration is payable for any work performed in any week in an amount equal to or

greater than his or her weekly benefit rate to receive benefits or waiting period credit for that week.

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 the employee is unable to perform

his or her their regular and customary work because he or she the employee 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); or

(2) Caring for a child, 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 [repealed]. Employees may use accrued sick time during the 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 his or her 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.

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

chapters 39 — 41 39 through 41 of this title.

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

their 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 39 through 41 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 five (5) weeks in a benefit year;

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

of six (6) weeks in a benefit year.; and

(4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum

of seven (7) weeks in a benefit year.; and

(5) Beginning January 1, 2026, 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 that together exceed thirty (30) times his or her the individual’s weekly benefit

rate in any benefit year.

(f) Any employee who exercises his or her their 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 the employee 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

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, § 28-48-1 et seq., who

exercises his or her their 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 the federal Family and

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical

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, § 28-48-1 et seq., who exercises his or her their 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 on January 1, 2025.

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LC003484/SUB A

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