2025 -- H 6066 | |
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LC002030 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY | |
INSURANCE -- GENERAL PROVISIONS | |
| |
Introduced By: Representatives Giraldo, Potter, Voas, Stewart, Alzate, and Morales | |
Date Introduced: March 12, 2025 | |
Referred To: House Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 28-39-2 and 28-39-26 of the General Laws in Chapter 28-39 entitled |
2 | "Temporary Disability Insurance — General Provisions" are hereby amended to read as follows: |
3 | 28-39-2. Definitions. |
4 | The following words and phrases, as used in chapters 39 — through 41 of this title, have |
5 | the following meanings unless the context clearly requires otherwise: |
6 | (1) “Average weekly wage” means the amount determined by dividing the individual’s |
7 | total wages earned for services performed in employment within his or her base period by the |
8 | number of that individual’s credit weeks within the base period. |
9 | (2) “Base period” with respect to an individual’s benefit year when the benefit year begins |
10 | on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar |
11 | quarters immediately preceding the first day of an individual’s benefit year; provided, that for any |
12 | individual’s benefit year when the benefit year begins on or after October 4, 1992, and for any |
13 | individual deemed monetarily ineligible for benefits under the “base period” as defined in this |
14 | subdivision, the department shall make a re-determination of entitlement based upon an alternate |
15 | base period that consists of the last four (4) completed calendar quarters immediately preceding the |
16 | first day of the claimant’s benefit year. Notwithstanding anything contained to the contrary in this |
17 | subdivision, the base period shall not include any calendar quarter previously used to establish a |
18 | valid claim for benefits; provided, however, that the “base period” with respect to members of the |
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1 | United States military service, the Rhode Island National Guard, or a United States military reserve |
2 | force, and who served in a United States declared combat operation during their military service, |
3 | who file a claim for benefits following their release from their state or federal active military service |
4 | and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first |
5 | four (4) of the most recently completed five (5) calendar quarters immediately preceding the first |
6 | day the individual was called into that state or federal active military service; provided, that for any |
7 | individual deemed monetarily ineligible for benefits under the “base period” as defined in this |
8 | section, the department shall make a re-determination of entitlement based upon an alternative base |
9 | period that consists of the last four (4) completed calendar quarters immediately preceding the first |
10 | day the claimant was called into that state or federal active military service. Notwithstanding any |
11 | provision of this section of the general or public laws to the contrary, the base period shall not |
12 | include any calendar quarter previously used to establish a valid claim for benefits. |
13 | (3) “Benefit” means the money payable, as provided in chapters 39 — through 41 of this |
14 | title, to an individual as compensation for his or her unemployment caused by sickness or reasons |
15 | allowed under this title. |
16 | (4) “Benefit credits” means the total amount of money payable to an individual as benefits, |
17 | as provided in § 28-41-7. |
18 | (5) “Benefit rate” means the money payable to an individual as compensation, as provided |
19 | in chapters 39 — through 41 of this title, for his or her wage losses with respect to any week during |
20 | which his or her unemployment is caused by sickness or reasons allowed under this title. |
21 | (6) “Benefit year” with respect to any individual who does not already have a benefit year |
22 | in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means |
23 | fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day |
24 | as of which he or she first files that valid claim in accordance with regulations adopted as |
25 | subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990, |
26 | the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a |
27 | new valid claim immediately following the end of a previous benefit year would result in the |
28 | overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit |
29 | year begin prior to the Sunday next following the end of the old benefit year. |
30 | (i) For benefit years that begin on or after July 1, 2012, an individual’s benefit year will |
31 | begin on the Sunday of the calendar week in which an individual first became unemployed due to |
32 | sickness and for which the individual has filed a valid claim for benefits. |
33 | (7) “Board” means the board of review as created under chapter 16.1 of title 42. |
34 | (8) “Calendar quarter” has the same definition as contained in chapter 42 of this title. |
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1 | (9) “Credit week” means any week within an individual’s base period in which that |
2 | individual earns wages amounting to at least twenty (20) times the minimum hourly wage as |
3 | defined in chapter 12 of this title, for performing services in employment for one or more employers |
4 | subject to chapters 39 — through 41 of this title. |
5 | (10) “Director” means the director of the department of labor and training. |
6 | (11) “Employee” means any person who is or has been employed by an employer subject |
7 | to chapters 39 — through 41 of this title and in employment subject to those chapters. |
8 | (12) “Employer” means any employing unit that is an employer under chapters 42 — |
9 | through 44 of this title. |
10 | (13) “Employing unit” has the same definition as contained in chapter 42 of this title and |
11 | includes any governmental entity that elects to become subject to the provisions of chapters 39 — |
12 | through 41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2. |
13 | (14) “Employment” has the same definition as contained in chapter 42 of this title. |
14 | (15) “Employment office” has the same definition as contained in chapter 42 of this title. |
15 | (16) “Fund” means the Rhode Island temporary disability insurance fund established by |
16 | this chapter. |
17 | (17) “Partial unemployment due to sickness.” For weeks beginning on or after January 1, |
18 | 2006, an individual shall be deemed partially unemployed due to sickness in any week of less than |
19 | full-time work if he or she fails to earn in wages for services for that week an amount equal to the |
20 | weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if |
21 | totally unemployed due to sickness and eligible. |
22 | (i) For the purposes of this subdivision and subdivision (22) of this section, “Wages” |
23 | includes only that part of remuneration for any work, which is in excess of one-fifth (1/5) of the |
24 | weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar |
25 | ($1.00), to which the individual would be entitled if totally unemployed and eligible in any one |
26 | week, and “services” includes only that part of any work for which remuneration in excess of one- |
27 | fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of |
28 | one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in |
29 | any one week is payable; provided, that nothing contained in this paragraph shall permit any |
30 | individual to whom remuneration is payable for any work performed in any week in an amount |
31 | equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision |
32 | for that week. |
33 | (18) “Reserve fund” means the temporary disability insurance reserve fund established by |
34 | § 28-39-7. |
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1 | (19) “Services” means all endeavors undertaken by an individual that are paid for by |
2 | another or with respect to which the individual performing the services expects to receive wages or |
3 | profits. |
4 | (20) “Sickness.” An individual shall be deemed to be sick in any week in which, because |
5 | of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable |
6 | to perform his or her regular or customary work or services. |
7 | (21)(i) “Taxes” means the money payments required by chapters 39 — through 41 of this |
8 | title, to be made to the temporary disability insurance fund or to the temporary disability insurance |
9 | reserve fund. |
10 | (ii) Wherever and whenever in chapters 39 — through 41 of this title, the words |
11 | “contribution” and/or “contributions” appear, those words shall be construed to mean the “taxes,” |
12 | as defined in this subdivision, that are the money payments required by those chapters to be made |
13 | to the temporary disability insurance fund or to the temporary disability insurance reserve fund. |
14 | (22) “Wages” has the same definition as contained in chapter 42 of this title; provided, that |
15 | no individual shall be denied benefits under chapters 39 — through 41 of this title because his or |
16 | her employer continues to pay to that individual his or her regular wages, or parts of them, while |
17 | he or she is unemployed due to sickness and unable to perform his or her regular or customary work |
18 | or services. The amount of any payments, whether or not under a plan or system, made to or on |
19 | behalf of an employee by his or her employer after the expiration of six (6) calendar months |
20 | following the last calendar month in which the employee performed actual bona fide personal |
21 | services for his or her employer, shall not be deemed to be wages either for the purpose of paying |
22 | contributions thereon under chapter 40 of this title, or for the purpose of being used as a basis for |
23 | paying benefits under chapter 41 of this title. |
24 | (23) “Week” has the same definition as contained in chapter 42 of this title. |
25 | 28-39-26. Pecuniary penalty for failure to make contributions or reports. |
26 | An employer or self-employed individual or sole proprietor who elects to be covered by |
27 | this chapter who fails to file any report required under chapters 39 — through 41 of this title, or |
28 | who or that fails or refuses to pay any contributions required under those chapters in the manner |
29 | and at the times required by the laws and regulations or as the director may, in accordance with |
30 | those laws and regulations, prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or |
31 | refusal to file, and where any contribution is due, shall pay an additional penalty of ten percent |
32 | (10%) of the amount due. These penalties shall be paid into the temporary disability insurance |
33 | reserve fund, and shall be in addition to contributions and interest required to be paid as provided |
34 | in chapters 39 — through 41; provided, that if any employer or self-employed individual or sole |
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1 | proprietor who elects to be covered by this chapter fails to pay the penalty, when assessed, it shall |
2 | be collected by civil action as provided in § 28-40-12. |
3 | SECTION 2. Sections 28-40-1 and 28-40-9 of the General Laws in Chapter 28-40 entitled |
4 | "Temporary Disability Insurance — Contributions" are hereby amended to read as follows: |
5 | 28-40-1. Amount of employee contributions — Wages on which based. |
6 | (a) For each calendar year prior to 2025, the The taxable wage base under this chapter for |
7 | each calendar year shall be equal to the greater of thirty-eight thousand dollars ($38,000) or the |
8 | annual earnings needed by an individual to qualify for the maximum weekly benefit amount and |
9 | the maximum duration under chapters 39 — through 41 of this title. That taxable wage base shall |
10 | be computed as follows: Every September 30, the maximum weekly benefit amount in effect as of |
11 | that date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-six |
12 | hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars ($100), |
13 | it shall be rounded upward to the next higher even multiple of one hundred dollars ($100). That |
14 | taxable wage base shall be effective for the calendar year beginning on the next January 1. |
15 | (b) For calendar year 2026 and subsequent years, the taxable wage base shall not exceed |
16 | the Social Security contribution and benefit base, as determined pursuant to 42 U.S.C. 430. That |
17 | taxable wage base shall be effective for the calendar year beginning on the next January 1. |
18 | (c) Any self-employed Rhode Island resident who fails to meet the quarterly reporting |
19 | requirements or make the required quarterly contributions in a timely manner, shall be ineligible to |
20 | receive benefits under chapters 39 through 41 of this title, until such time as that person has satisfied |
21 | any outstanding payments owed. |
22 | (b)(d) Each employee shall contribute with respect to employment after the date upon |
23 | which the employer becomes subject to chapters 39 — through 41 of this title, an amount equal to |
24 | the fund cost rate times the wages paid by the employer to the employee up to the taxable wage |
25 | base as defined and computed in subsection (a) of this section. The employee contribution rate for |
26 | the following calendar year shall be determined by computing the fund cost rate on or before |
27 | November 15 of each year as follows: |
28 | (1) The total amount of disbursements made from the fund for the twelve-month (12) |
29 | period ending on the immediately preceding September 30 shall be divided by the total taxable |
30 | wages paid by employers during the twelve-month (12) period ending on the immediately |
31 | preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the |
32 | resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down |
33 | to the next lowest multiple of one-tenth of one percent (0.1%); |
34 | (2) If the fund balance as of the preceding September 30 is less than the total disbursements |
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1 | from the fund for the six-month (6) period ending on that September 30, that difference shall be |
2 | added to the total disbursements for the twelve-month (12) period ending September 30 for the |
3 | purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple |
4 | of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one |
5 | percent (0.1%). |
6 | 28-40-9. Interest on delinquent payments. |
7 | Employers who fail to make payment of contributions, as required by chapters 39 — |
8 | through 41 of this title, or by the prescribed rules and regulations, shall be additionally liable to the |
9 | temporary disability insurance reserve fund for interest on those delinquent payments at the rate of |
10 | one and one-half percent (11/2%) per month from the date the payment became due until paid. |
11 | SECTION 3. Sections 28-41-5, 28-41-34 and 28-41-35 of the General Laws in Chapter 28- |
12 | 41 entitled "Temporary Disability Insurance — Benefits" are hereby amended to read as follows: |
13 | 28-41-5. Weekly benefit rate — Dependents’ allowances. [Effective January 1, 2025.] |
14 | (a) Benefit rate. |
15 | (1) The benefit rate payable under this chapter to any eligible individual with respect to |
16 | any week of the individual’s unemployment due to sickness, when that week occurs within a benefit |
17 | year, shall be, for benefit years beginning on or after October 7, 1990, four and sixty-two |
18 | hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base |
19 | period in which the individual’s wages were highest; provided, however, that the benefit rate shall |
20 | not exceed eighty-five percent (85%) of the average weekly wage paid to individuals covered by |
21 | chapters 42 — through 44 of this title for the preceding calendar year ending December 31. If the |
22 | maximum weekly benefit rate is not an exact multiple of one dollar ($1.00) then the rate shall be |
23 | raised to the next higher multiple of one dollar ($1.00). Those weekly benefit rates shall be effective |
24 | throughout the benefit years beginning on or after July 1 of the year prior to July of the succeeding |
25 | calendar year. |
26 | (2) For benefit years beginning on or after January 1, 2026, the benefit rate payable under |
27 | this chapter, to any eligible individual for any week of their unemployment due to reasons allowed |
28 | under this chapter, when that week occurs within the benefit year, shall be eighty-five percent |
29 | (85%) of that individual's average weekly wage. |
30 | (2)(3) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall |
31 | be raised to the next higher multiple of one dollar ($1.00). |
32 | (b) Dependents’ allowances. An individual to whom benefits for unemployment due to |
33 | sickness are payable under this chapter with respect to any week, shall, in addition to those benefits, |
34 | be paid with respect to each week a dependent’s allowance of twenty dollars ($20.00) or seven |
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1 | percent (7%) of the individual’s benefit rate payable under subsection (a) of this section, whichever |
2 | is greater, for each of that individual’s children, including adopted and stepchildren or that |
3 | individual’s court-appointed wards who, at the beginning of the individual’s benefit year, is under |
4 | eighteen (18) years of age and who is at that time in fact dependent on that individual. A |
5 | dependent’s allowance shall also be paid to that individual for any child, including an adopted child |
6 | or a stepchild or that individual’s court appointed ward, eighteen (18) years of age or over, |
7 | incapable of earning any wages because of mental or physical incapacity, and who is dependent on |
8 | that individual in fact at the beginning of the individual’s benefit year, including individuals who |
9 | have been appointed the legal guardian of that child by the appropriate court. However, in no |
10 | instance shall the number of dependents for which an individual may receive dependents’ |
11 | allowances exceed five (5) in total and in no instance shall the individual's weekly benefit amount, |
12 | including both the benefit rate and dependent's allowance exceed that individual's weekly wage in |
13 | the last period. The weekly total of dependents’ allowances payable to any individual, if not an |
14 | exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar |
15 | ($1.00). The number of an individual’s dependents, and the fact of their dependency, shall be |
16 | determined as of the beginning of that individual’s benefit year; provided, that only one individual |
17 | shall be entitled to a dependent’s allowance for the same dependent with respect to any week. Each |
18 | individual who claims a dependent’s allowance shall establish their claim to it to the satisfaction of |
19 | the director under procedures established by the director. |
20 | (c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year |
21 | shall continue in effect until the end of that benefit year. |
22 | (d) Partial unemployment due to sickness. For weeks beginning on or after January 1, |
23 | 2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall |
24 | be paid sufficient benefits with respect to that week, so that their wages, rounded to the next higher |
25 | multiple of one dollar ($1.00), and their benefits combined will equal in amount the weekly benefit |
26 | rate to which the individual would be entitled if totally unemployed due to sickness in that week; |
27 | provided that an individual must have been totally unemployed due to sickness for at least seven |
28 | (7) consecutive days prior to claiming partial benefits under this provision; provided, that this |
29 | provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-41-9; |
30 | provided, further, that nothing contained herein shall permit any individual to whom remuneration |
31 | is payable for any work performed in any week in an amount equal to or greater than his or her |
32 | weekly benefit rate to receive benefits or waiting period credit for that week. |
33 | 28-41-34. Temporary caregiver insurance. |
34 | The purpose of this chapter is to establish, within the state temporary disability insurance |
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1 | program, a temporary caregiver insurance program to provide wage replacement benefits in |
2 | accordance with the provisions of this chapter, to workers who take time off work to care for a |
3 | seriously ill child, spouse, domestic partner, sibling, parent, parent-in-law, care recipient, |
4 | grandparent, grandchild or to bond with a new child. |
5 | Definitions as used in this chapter: |
6 | (1) “Adopted child” means a child adopted by, or placed for adoption with, the employee. |
7 | (2) “Bonding or bond” means to develop a psychological and emotional attachment |
8 | between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve |
9 | being in one another’s physical presence. |
10 | (3) "Care recipient" means a person for whom the employee is responsible for providing |
11 | or arranging health- or safety-related care including, but not limited to, helping the person obtain |
12 | diagnostic, preventive, routine, or therapeutic health treatment. |
13 | (3)(4) “Child” means a legal, biological, adopted, or foster son or daughter, a stepson or |
14 | stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an |
15 | employee who stands in loco parentis to that child. |
16 | (4)(5) “Department” means the department of labor and training. |
17 | (5)(6) “Domestic partner” means a party to a civil union as defined by chapter 3.1 of title |
18 | 15. |
19 | (6)(7) “Employee” means any person who is or has been employed by an employer subject |
20 | to chapters 39 — through 41 of this title and in employment subject to those chapters. |
21 | (8) "Grandchild" means the child of an employee's child. |
22 | (7)(9) “Grandparent” means a parent of the employee’s parent. |
23 | (8)(10) “Newborn child” means a child under one year of age. |
24 | (9)(11) “Parent” means a legal biological, foster, or adoptive parent, a stepparent, a legal |
25 | guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or |
26 | domestic partner when he/she was a child. |
27 | (10)(12) “Parent-in-law” means the parent of the employee’s spouse or domestic partner. |
28 | (11)(13) “Persons who stand in loco parentis” means those with day-to-day responsibilities |
29 | to care for and financially support a child or, in the case of an employee, who had such |
30 | responsibility for the employee when the employee was a child. A biological or legal relationship |
31 | shall not be required. |
32 | (12)(14) “Serious health condition” means any illness, injury, impairment, or physical or |
33 | mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, |
34 | or continued treatment or continuing supervision by a licensed healthcare provider. |
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1 | (15) "Sibling" means children with a common parent or grandparent, including legal |
2 | siblings, biological siblings; half-siblings, step-siblings, foster siblings and adopted siblings. |
3 | (13)(16) “Spouse” means a party in a common law marriage, a party in a marriage |
4 | conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of |
5 | title 15. |
6 | 28-41-35. Benefits. [Effective January 1, 2025.] |
7 | (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for |
8 | temporary caregiver benefits for any week in which the employee is unable to perform their regular |
9 | and customary work because the employee is: |
10 | (1) Bonding with a newborn child or a child newly placed for adoption or foster care with |
11 | the employee or domestic partner in accordance with the provisions of § 28-41-36(c); or |
12 | (2) Caring for a child, grandchild, parent, parent-in-law, care recipient, grandparent, |
13 | sibling, spouse, or domestic partner, who has a serious health condition, subject to a waiting period |
14 | in accordance with the provisions of § 28-41-12 [repealed]. Employees may use accrued sick time |
15 | during the eligibility waiting period in accordance with the policy of the individual’s employer. |
16 | (b) Temporary caregiver benefits shall be available only to the employee exercising his or |
17 | her right to leave while covered by the temporary caregiver insurance program. An employee shall |
18 | file a written intent with their employer, in accordance with rules and regulations promulgated by |
19 | the department, with a minimum of thirty (30) days’ notice prior to commencement of the family |
20 | leave. Failure by the employee to provide the written intent may result in delay or reduction in the |
21 | claimant’s benefits, except in the event the time of the leave is unforeseeable or the time of the |
22 | leave changes for unforeseeable circumstances. |
23 | (c) Employees cannot file for both temporary caregiver benefits and temporary disability |
24 | benefits for the same purpose, concurrently, in accordance with all provisions of this act and |
25 | chapters 39 — through 41 of this title. |
26 | (d) Temporary caregiver benefits may be available to any individual exercising their right |
27 | to leave while covered by the temporary caregiver insurance program, commencing on or after |
28 | January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance with |
29 | chapters 39 — through 41 of this title. The benefits for the temporary caregiver program shall be |
30 | payable with respect to the first day of leave taken after the waiting period and each subsequent |
31 | day of leave during that period of family temporary disability leave. Benefits shall be in accordance |
32 | with the following: |
33 | (1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum |
34 | of four (4) weeks in a benefit year; |
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1 | (2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum |
2 | of five (5) weeks in a benefit year; |
3 | (3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum |
4 | of six (6) weeks in a benefit year; |
5 | (4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum |
6 | of seven (7) weeks in a benefit year; and |
7 | (5) Beginning January 1, 2026, temporary caregiver benefits shall be limited to a maximum |
8 | of eight (8) weeks in a benefit year. |
9 | (e) In addition, no individual shall be paid temporary caregiver benefits and temporary |
10 | disability benefits that together exceed thirty (30) times the individual’s weekly benefit rate in any |
11 | benefit year the total amount of benefits payable in accordance with the provisions in § 28-41-7. |
12 | (f) Any employee who exercises their right to leave covered by temporary caregiver |
13 | insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by |
14 | the employer to the position held by the employee when the leave commenced, or to a position with |
15 | equivalent seniority, status, employment benefits, pay, and other terms and conditions of |
16 | employment including fringe benefits and service credits that the employee had been entitled to at |
17 | the commencement of leave. |
18 | (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain |
19 | any existing health benefits of the employee in force for the duration of the leave as if the employee |
20 | had continued in employment continuously from the date the employee commenced the leave until |
21 | the date the caregiver benefits terminate; provided, however, that the employee shall continue to |
22 | pay any employee shares of the cost of health benefits as required prior to the commencement of |
23 | the caregiver benefits. |
24 | (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits |
25 | under this section for any week beginning prior to January 1, 2014. An employer may require an |
26 | employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. |
27 | 103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who |
28 | exercises their right to benefits under the temporary caregiver insurance program under this chapter, |
29 | to take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to |
30 | the federal Family and Medical Leave Act and/or the Rhode Island parental and family medical |
31 | leave act. |
32 | (i) Temporary caregiver benefits shall be in accordance with the federal Family and |
33 | Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical |
34 | leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled |
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1 | to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode |
2 | Island parental and family medical leave act, § 28-48-1 et seq., who exercises their right to benefits |
3 | under the temporary caregiver insurance program under this chapter, to take any temporary |
4 | caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and |
5 | Medical Leave Act and/or the Rhode Island parental and family medical leave act. |
6 | SECTION 4. Chapter 28-39 of the General Laws entitled "Temporary Disability Insurance |
7 | — General Provisions" is hereby amended by adding thereto the following section: |
8 | 28-39-3.4. Non-covered Rhode Island residents eligible by election. |
9 | (a) Notwithstanding any inconsistent provisions of chapters 39 through 41 of this title, any |
10 | self-employed or sole proprietor Rhode Island resident may become subject to those chapters, by |
11 | filing an enrollment form with the department in accordance with the rules and regulations |
12 | established by the department, for enrollment, provided such self-employed individual or sole |
13 | proprietor is enrolled in the program for an initial period of not less than three (3) years. Such self- |
14 | employed individual or sole proprietor shall be automatically reenrolled in the program for a |
15 | subsequent period, or periods, of not less than one year. Such reenrollment begins immediately |
16 | following a period of participation in the program. Notwithstanding any other provisions of |
17 | chapters 39 through 41 of this title to the contrary, self-employed or sole proprietor Rhode Island |
18 | residents, that do not have otherwise qualifying wages from prior employment within the base |
19 | period, will not be eligible for benefits under those chapters, until the completion of twelve (12) |
20 | months of contributions has been made for participation in the program and as described in § 28- |
21 | 40-1. Except as otherwise provided in this title, all other provisions of these chapters shall continue |
22 | to be applicable in connection with the employment. |
23 | (b) A self-employed individual or sole proprietor may withdraw from the program upon |
24 | submitting written notice to the authority not less than thirty (30) days prior to the expiration of the |
25 | initial enrollment or subsequent reenrollment period, or at such other times as the authority may |
26 | prescribe by rule. |
27 | (c) Any self-employed Rhode Island resident who fails to meet the quarterly reporting |
28 | requirements or make the required quarterly contributions in a timely manner, shall be ineligible to |
29 | receive benefits under chapters 39 through 41 of this title, until such time as that person has satisfied |
30 | any outstanding payments in this regard. |
31 | SECTION 5. This act shall take effect on January 1, 2026. |
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| LC002030 - Page 11 of 12 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY | |
INSURANCE -- GENERAL PROVISIONS | |
*** | |
1 | This act would include siblings, grandchildren, and care recipient in the coverage for |
2 | temporary caregiver benefits. This act would also increase the taxable wage base upon which |
3 | employees make contributions to the TDI and TCI funds, increase individual benefit rates for lower |
4 | wage individuals, and create an opt-in for self-employed workers. |
5 | This act would take effect on January 1, 2026. |
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| LC002030 - Page 12 of 12 |