Chapter 380 |
2025 -- H 6065 AS AMENDED Enacted 07/01/2025 |
A N A C T |
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE--BENEFITS |
Introduced By: Representatives Giraldo, Furtado, Handy, Alzate, Cruz, McGaw, Potter, McNamara, Speakman, and Slater |
Date Introduced: March 12, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Sections 28-41-34 and 28-41-35 of the General Laws in Chapter 28-41 |
entitled "Temporary Disability Insurance — Benefits" are hereby amended to read as follows: |
28-41-34. Temporary caregiver insurance. |
The purpose of this chapter is to establish, within the state temporary disability insurance |
program, a temporary caregiver insurance program to provide wage replacement benefits in |
accordance with the provisions of this chapter, to workers who take time off work to care for a |
seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a |
new child. |
Definitions as used in this chapter: |
(1) “Adopted child” means a child adopted by, or placed for adoption with, the employee. |
(2) “Bonding or bond” means to develop a psychological and emotional attachment |
between a child and his or herthe child’s parent(s) or persons who stand in loco parentis. This shall |
involve being in one another’s physical presence. |
(3) "Bone marrow transplant donor" means an individual from whose body bone marrow |
is taken to be transferred to the body of another person. |
(3)(4) “Child” means a biological, adopted, or foster son or daughter, a stepson or |
stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an |
employee who stands in loco parentis to that child. |
(4)(5) “Department” means the department of labor and training. |
(5)(6) “Domestic partner” means a party to a civil union as defined by chapter 3.1 of title |
15. |
(6)(7) “Employee” means any person who is or has been employed by an employer subject |
to chapters 39 — 41 of this title and in employment subject to those chapters. |
(7)(8) “Grandparent” means a parent of the employee’s parent. |
(9) "Living organ donor" means an individual who donates all or part of an organ and is |
not deceased. |
(8)(10) “Newborn child” means a child under one year of age. |
(9)(11) “Parent” means a biological, foster, or adoptive parent, a stepparent, a legal |
guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or |
domestic partner when he/she wasthey were a child. |
(10)(12) “Parent-in-law” means the parent of the employee’s spouse or domestic partner. |
(11)(13) “Persons who stand in loco parentis” means those with day-to-day responsibilities |
to care for and financially support a child or, in the case of an employee, who had such |
responsibility for the employee when the employee was a child. A biological or legal relationship |
shall not be required. |
(12)(14) “Serious health condition” means any illness, injury, impairment, or physical or |
mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, |
or continued treatment or continuing supervision by a licensed healthcare provider. |
(13)(15) “Spouse” means a party in a common law marriage, a party in a marriage |
conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of |
title 15. |
28-41-35. Benefits. [Effective January 1, 2025.] |
(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for |
temporary caregiver benefits for any week in which the employee is unable to perform their regular |
and customary work because 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.; or |
(3) Participating as a bone marrow transplant donor or a living organ donor. |
(b) Temporary caregiver benefits shall be available only to the employee exercising his or |
hertheir 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 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 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; |
(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 the individual’s weekly benefit rate in any |
benefit year. |
(f) Any employee who exercises 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 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 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 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. |
(j) In the event the individual is participating as a bone marrow transplant donor or a living |
organ donor, benefits under this section shall cover time needed for any procedures, medical tests, |
and surgeries related to the donation, including no more than five (5) business days of recovery |
from a bone marrow transplant or no more than thirty (30) business days recovery from a living |
organ donor transplant. |
SECTION 2. This act shall take effect on January 1, 2026. |
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LC002041 |
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