Rhode Island 2023 Regular Session

Rhode Island House Bill H5447 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5447
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7	7	LC001185
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
16	16	INSURANCE -- GENERAL PROVISIONS
17	17	Introduced By: Representatives Diaz, Ajello, Edwards, Tanzi, Kennedy, Ackerman,
18	18	Slater, Shallcross Smith, Morales, and Caldwell
19	19	Date Introduced: February 08, 2023
20	20	Referred To: House Labor
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 28-39-2 and 28-39-26 of the General Laws in Chapter 28-39 entitled 1
25	25	"Temporary Disability Insurance — General Provisions" are hereby amended to read as follows: 2
26	26	28-39-2. Definitions. 3
27	27	The following words and phrases, as used in chapters 39 — 41 39 through 41 of this title, 4
28	28	have the following meanings unless the context clearly requires otherwise: 5
29	29	(1) “Average weekly wage” means the amount determined by dividing the individua l’s 6
30	30	total wages earned for services performed in employment within his or her base period by the 7
31	31	number of that individual’s credit weeks within the base period. 8
32	32	(2) “Base period” with respect to an individual’s benefit year when the benefit year begins 9
33	33	on or after October 7, 1990, means the first four (4) of the most recently completed five (5) calendar 10
34	34	quarters immediately preceding the first day of an individual’s benefit year; provided, that for any 11
35	35	individual’s benefit year when the benefit year begins on or after October 4, 1992, and for any 12
36	36	individual deemed monetarily ineligible for benefits under the “base period” as defined in this 13
37	37	subdivision, the department shall make a re-determination of entitlement based upon an alternate 14
38	38	base period that consists of the last four (4) completed calendar quarters immediately preceding the 15
39	39	first day of the claimant’s benefit year. Notwithstanding anything contained to the contrary in this 16
40	40	subdivision, the base period shall not include any calendar quarter previously used to establish a 17
41	41	valid claim for benefits; provided, however, that the “base period” with respect to members of the 18
42	42
43	43
44	44	LC001185 - Page 2 of 12
45	45	United States military service, the Rhode Island National Guard, or a United States military reserve 1
46	46	force, and who served in a United States declared combat operation during their military service, 2
47	47	who file a claim for benefits following their release from their state or federal active military service 3
48	48	and who are deemed to be monetarily ineligible for benefits under this section, shall mean the first 4
49	49	four (4) of the most recently completed five (5) calendar quarters immediately preceding the first 5
50	50	day the individual was called into that state or federal active military service; provided, that for any 6
51	51	individual deemed monetarily ineligible for benefits under the “base period” as defined in this 7
52	52	section, the department shall make a re-determination of entitlement based upon an alternative base 8
53	53	period that consists of the last four (4) completed calendar quarters immediately preceding the first 9
54	54	day the claimant was called into that state or federal active military service. Notwithstanding any 10
55	55	provision of this section of the general or public laws to the contrary, the base period shall not 11
56	56	include any calendar quarter previously used to establish a valid claim for benefits. 12
57	57	(3) “Benefit” means the money payable, as provided in chapters 39 — 41 39 through 41 of 13
58	58	this title, to an individual as compensation for his or her unemployment caused by sickness or 14
59	59	reasons allowed under this title. 15
60	60	(4) “Benefit credits” means the total amount of money payable to an individual as benefits, 16
61	61	as provided in § 28-41-7. 17
62	62	(5) “Benefit rate” means the money payable to an individual as compensation, as provided 18
63	63	in chapters 39 — 41 39 through 41 of this title, for his or her wage losses with respect to any week 19
64	64	during which his or her unemployment is caused by sickness or reasons allowed under this title. 20
65	65	(6) “Benefit year” with respect to any individual who does not already have a benefit year 21
66	66	in effect, and who files a valid claim for benefits as of November 16, 1958, or any later date, means 22
67	67	fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing the day 23
68	68	as of which he or she first files that valid claim in accordance with regulations adopted as 24
69	69	subsequently prescribed; provided, that for any benefit year beginning on or after October 7, 1990, 25
70	70	the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a 26
71	71	new valid claim immediately following the end of a previous benefit year would result in the 27
72	72	overlapping of any quarter of the base period of the prior new claim. In no event shall a new benefit 28
73	73	year begin prior to the Sunday next following the end of the old benefit year. 29
74	74	(i) For benefit years that begin on or after July 1, 2012, an individual’s benefit year will 30
75	75	begin on the Sunday of the calendar week in which an individual first became unemployed due to 31
76	76	sickness and for which the individual has filed a valid claim for benefits. 32
77	77	(7) “Board” means the board of review as created under chapter 16.1 of title 42. 33
78	78	(8) “Calendar quarter” has the same definition as contained in chapter 42 of this title. 34
79	79
80	80
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82	82	(9) “Credit week” means any week within an individual’s base period in which that 1
83	83	individual earns wages amounting to at least twenty (20) times the minimum hourly wage as 2
84	84	defined in chapter 12 of this title, for performing services in employment for one or more employers 3
85	85	subject to chapters 39 — 41 39 through 41 of this title. 4
86	86	(10) “Director” means the director of the department of labor and training. 5
87	87	(11) “Employee” means any person who is or has been employed by an employer subject 6
88	88	to chapters 39 — 41 39 through 41 of this title and in employment subject to those chapters. 7
89	89	(12) “Employer” means any employing unit that is an employer under chapters 42 — 44 8
90	90	42 through 44 of this title. 9
91	91	(13) “Employing unit” has the same definition as contained in chapter 42 of this title and 10
92	92	includes any governmental entity that elects to become subject to the provisions of chapters 39 — 11
93	93	41 39 through 41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2. 12
94	94	(14) “Employment” has the same definition as contained in chapter 42 of this title. 13
95	95	(15) “Employment office” has the same definition as contained in chapter 42 of this title. 14
96	96	(16) “Fund” means the Rhode Island temporary disability insurance fund established by 15
97	97	this chapter. 16
98	98	(17) “Partial unemployment due to sickness.” For weeks beginning on or after January 1, 17
99	99	2006, an individual shall be deemed partially unemployed due to sickness in any week of less than 18
100	100	full-time work if he or she fails to earn in wages for services for that week an amount equal to the 19
101	101	weekly benefit rate for total unemployment due to sickness to which he or she would be entitled if 20
102	102	totally unemployed due to sickness and eligible. 21
103	103	(i) For the purposes of this subdivision and subdivision (22) of this section, “Wages” 22
104	104	includes only that part of remuneration for any work, which is in excess of one-fifth (
105	105	1
106	106	/5) of the 23
107	107	weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar 24
108	108	($1.00), to which the individual would be entitled if totally unemployed and eligible in any one 25
109	109	week, and “services” includes only that part of any work for which remuneration in excess of one-26
110	110	fifth (
111	111	1
112	112	/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple of 27
113	113	one dollar ($1.00), to which the individual would be entitled if totally unemployed and eligible in 28
114	114	any one week is payable; provided, that nothing contained in this paragraph shall permit any 29
115	115	individual to whom remuneration is payable for any work performed in any week in an amount 30
116	116	equal to, or greater than, his or her weekly benefit rate to receive benefits under this subdivision 31
117	117	for that week. 32
118	118	(18) “Reserve fund” means the temporary disability insurance reserve fund established by 33
119	119	§ 28-39-7. 34
120	120
121	121
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123	123	(19) “Services” means all endeavors undertaken by an individual that are paid for by 1
124	124	another or with respect to which the individual performing the services expects to receive wages or 2
125	125	profits. 3
126	126	(20) “Sickness.” An individual shall be deemed to be sick in any week in which, because 4
127	127	of his or her physical or mental condition, including pregnancy, he or she is unemployed and unable 5
128	128	to perform his or her regular or customary work or services. 6
129	129	(21)(i) “Taxes” means the money payments required by chapters 39 — 41 39 through 41 7
130	130	of this title, to be made to the temporary disability insurance fund or to the temporary disability 8
131	131	insurance reserve fund. 9
132	132	(ii) Wherever and whenever in chapters 39 — 41 39 through 41 of this title, the words 10
133	133	“contribution” and/or “contributions” appear, those words shall be construed to mean the “taxes,” 11
134	134	as defined in this subdivision, that are the money payments required by those chapters to be made 12
135	135	to the temporary disability insurance fund or to the temporary disability insurance reserve fund. 13
136	136	(22) “Wages” has the same definition as contained in chapter 42 of this title; provided, that 14
137	137	no individual shall be denied benefits under chapters 39 — 41 39 through 41 of this title because 15
138	138	his or her employer continues to pay to that individual his or her regular wages, or parts of them, 16
139	139	while he or she is unemployed due to sickness and unable to perform his or her regular or customary 17
140	140	work or services. The amount of any payments, whether or not under a plan or system, made to or 18
141	141	on behalf of an employee by his or her employer after the expiration of six (6) calendar months 19
142	142	following the last calendar month in which the employee performed actual bona fide personal 20
143	143	services for his or her employer, shall not be deemed to be wages either for the purpose of paying 21
144	144	contributions thereon under chapter 40 of this title, or for the purpose of being used as a basis for 22
145	145	paying benefits under chapter 41 of this title. 23
146	146	(23) “Week” has the same definition as contained in chapter 42 of this title. 24
147	147	28-39-26. Pecuniary penalty for failure to make contributions or reports. 25
148	148	An employer or self-employed individual who elects to be covered by this chapter who 26
149	149	fails to file any report required under chapters 39 — 41 39 through 41 of this title, or who or that 27
150	150	fails or refuses to pay any contributions required under those chapters in the manner and at the 28
151	151	times required by the laws and regulations or as the director may, in accordance with those laws 29
152	152	and regulations, prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or refusal to 30
153	153	file, and where any contribution is due, shall pay an additional penalty of ten percent (10%) of the 31
154	154	amount due. These penalties shall be paid into the temporary disability insurance reserve fund, and 32
155	155	shall be in addition to contributions and interest required to be paid as provided in chapters 39 — 33
156	156	41 39 through 41; provided, that if any employer or self-employed individual who elects to be 34
157	157
158	158
159	159	LC001185 - Page 5 of 12
160	160	covered by this chapter fails to pay the penalty, when assessed, it shall be collected by civil action 1
161	161	as provided in § 28-40-12. 2
162	162	SECTION 2. Chapter 28-39 of the General Laws entitled "Temporary Disability Insurance 3
163	163	— General Provisions" is hereby amended by adding thereto the following section: 4
164	164	28-39-3.4. Non-covered Rhode Island residents eligible by election. 5
165	165	(a) Notwithstanding any inconsistent provisions of chapters 39 through 41 of this title, any 6
166	166	self-employed Rhode Island resident may become subject to those chapters, by filing an enrollment 7
167	167	form with the department in accordance with the rules and regulations established by the 8
168	168	department, for enrollment. Notwithstanding any other provisions of chapters 39 through 41 of this 9
169	169	title to the contrary, self-employed Rhode Island residents, that do not have otherwise qualifying 10
170	170	wages from prior employment within the base period, will not be eligible for benefits under those 11
171	171	chapters, until the completion of twelve (12) months of contributions has been made for 12
172	172	participation in the program as described in § 28-40-1. Except as otherwise provided in this title, 13
173	173	all other provisions of these chapters shall continue to be applicable in connection with the 14
174	174	employment. 15
175	175	(b) Any self-employed Rhode Island resident who fails to meet the quarterly reporting 16
176	176	requirements or make the required quarterly contributions in a timely manner, shall be ineligible to 17
177	177	receive benefits under chapters 39 through 41 of this title until such time as that person has satisfied 18
178	178	any outstanding payments in this regard. 19
179	179	SECTION 3. Sections 28-40-1 and 28-40-9 of the General Laws in Chapter 28-40 entitled 20
180	180	"Temporary Disability Insurance — Contributions" are hereby amended to read as follows: 21
181	181	28-40-1. Amount of employee contributions — Wages on which based. 22
182	182	(a) The For each calendar year prior to 2024, the taxable wage base under this chapter for 23
183	183	each calendar year shall be equal to the greater of thirty-eight thousand dollars ($38,000) or the 24
184	184	annual earnings needed by an individual to qualify for the maximum weekly benefit amount and 25
185	185	the maximum duration under chapters 39 — 41 39 through 41 of this title. That taxable wage base 26
186	186	shall be computed as follows: Every September 30, the maximum weekly benefit amount in effect 27
187	187	as of that date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-28
188	188	six hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars 29
189	189	($100), it shall be rounded upward to the next higher even multiple of one hundred dollars ($100). 30
190	190	That taxable wage base shall be effective for the calendar year beginning on the next January 1. 31
191	191	(b) For calendar year 2024 and subsequent years, the taxable wage base shall not exceed 32
192	192	the Social Security contribution and benefit base, as determined pursuant to 42 U.S.C. 430. That 33
193	193	taxable wage base shall be effective for the calendar year beginning on the next January 1. 34
194	194
195	195
196	196	LC001185 - Page 6 of 12
197	197	(c) Any self-employed Rhode Island resident who fails to meet the quarterly reporting 1
198	198	requirements or make the required quarterly contributions in a timely manner shall be ineligible to 2
199	199	receive benefits under chapters 39 through 41 of this title, until such time as that person has satisfied 3
200	200	any outstanding payments owed. 4
201	201	(b)(d) Each employee shall contribute with respect to employment after the date upon 5
202	202	which the employer becomes subject to chapters 39 — 41 39 through 41 of this title, an amount 6
203	203	equal to the fund cost rate times the wages paid by the employer to the employee up to the taxable 7
204	204	wage base as defined and computed in subsection (a) of this section. The employee contribution 8
205	205	rate for the following calendar year shall be determined by computing the fund cost rate on or 9
206	206	before November 15 of each year as follows: 10
207	207	(1) The total amount of disbursements made from the fund for the twelve-month (12) 11
208	208	period ending on the immediately preceding September 30 shall be divided by the total taxable 12
209	209	wages paid by employers during the twelve-month (12) period ending on the immediately 13
210	210	preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the 14
211	211	resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down 15
212	212	to the next lowest multiple of one-tenth of one percent (0.1%); 16
213	213	(2) If the fund balance as of the preceding September 30 is less than the total disbursements 17
214	214	from the fund for the six-month (6) period ending on that September 30, that difference shall be 18
215	215	added to the total disbursements for the twelve-month (12) period ending September 30 for the 19
216	216	purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple 20
217	217	of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one 21
218	218	percent (0.1%). 22
219	219	28-40-9. Interest on delinquent payments. 23
220	220	Employers or self-employed Rhode Island residents who fail to make payment of 24
221	221	contributions, as required by chapters 39 — 41 39 through 41 of this title, or by the prescribed rules 25
222	222	and regulations, shall be additionally liable to the temporary disability insurance reserve fund for 26
223	223	interest on those delinquent payments at the rate of one and one-half percent (1
224	224	1
225	225	/2%) per month 27
226	226	from the date the payment became due until paid. 28
227	227	SECTION 4. Sections 28-41-2, 28-41-5 and 28-41-35 of the General Laws in Chapter 28-29
228	228	41 entitled "Temporary Disability Insurance — Benefits" are hereby amended to read as follows: 30
229	229	28-41-2. Wages included for benefit purposes. 31
230	230	(a) Notwithstanding any provisions of chapters 39 — 41 39 through 41 of this title to the 32
231	231	contrary, “wages” as used in the phrase “wages for employment from employers” means, with 33
232	232	reference to the benefits provisions of chapters 39 — 41 39 through 41 of this title, only those 34
233	233
234	234
235	235	LC001185 - Page 7 of 12
236	236	wages that are paid subsequent to the date upon which the employing unit, by whom those wages 1
237	237	were paid, has satisfied the conditions of § 28-39-2(12) with respect to becoming an employer 2
238	238	subject to those chapters. No individual shall be denied benefits under chapters 39 — 41 39 through 3
239	239	41 of this title because his or her employer continued to pay to that individual his or her regular 4
240	240	wages, or parts of them, while he or she was sick and unable to perform his or her regular or 5
241	241	customary work or services. The amount of any payments, whether or not under a plan or system, 6
242	242	made to or on behalf of an employee by his or her employer after the expiration of six (6) calendar 7
243	243	months following the last calendar month in which the employee performed actual bona fide 8
244	244	personal services for that employer, shall not be deemed to be wages for the purpose of being used 9
245	245	as a basis for paying benefits under this chapter. 10
246	246	(b) With respect to self-employed Rhode Island residents with "wages" earned through 11
247	247	their self-employment, those wages shall be considered wages for determining benefits under 12
248	248	chapters 39 through 41 of this title, if the individual has applied for coverage under the temporary 13
249	249	disability insurance program, in accordance with the provisions of § 28-39-3.4. 14
250	250	28-41-5. Weekly benefit rate — Dependents’ allowances. 15
251	251	(a)(1) Benefit rate. The benefit rate payable under this chapter to any eligible individual 16
252	252	with respect to any week of his or her unemployment due to sickness reasons allowed under this 17
253	253	chapter, when that week occurs within a benefit year, shall be, computed as follows: for benefit 18
254	254	years beginning on or after October 7, 1990, four and sixty-two hundredths percent (4.62%) of the 19
255	255	wages paid to the individual in that calendar quarter of the base period in which the individua l’s 20
256	256	wages were highest; provided, however, that the benefit rate shall not exceed eighty-five percent 21
257	257	(85%) of the average weekly wage paid to individuals covered by chapters 42 — 44 42 through 44 22
258	258	of this title for the preceding calendar year ending December 31. If the maximum weekly benefit 23
259	259	rate is not an exact multiple of one dollar ($1.00) then the rate shall be raised to the next higher 24
260	260	multiple of one dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit 25
261	261	years beginning on or after July 1 of the year prior to July of the succeeding calendar year. 26
262	262	(2) For claimants whose high quarter average hourly wage is less than or equal to the 27
263	263	minimum wage, the benefit rate payable under this chapter to any eligible individual with respect 28
264	264	to any week of their unemployment due to reasons allowed under this chapter, when that week 29
265	265	occurs within the benefit year, shall be, for benefit years beginning on or after January 1, 2024, 30
266	266	ninety percent (90%) of that individual's average weekly wage. 31
267	267	(3) For claimants whose high quarter average hourly wage is less than or equal to two (2) 32
268	268	times the minimum wage, the benefit rate payable under this chapter to any eligible individual with 33
269	269	respect to any week of their unemployment due to reasons allowed under this chapter, when that 34
270	270
271	271
272	272	LC001185 - Page 8 of 12
273	273	week occurs within the benefit year, shall be, for benefit years beginning on or after January 1, 1
274	274	2024, seventy-five percent (75%) of their average weekly wage. 2
275	275	(4) If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00) then 3
276	276	the rate shall be raised to the next higher multiple of one dollar ($1.00). Those weekly benefit rates 4
277	277	shall be effective throughout the benefit years beginning on or after July 1 of the year prior to July 5
278	278	of the succeeding calendar year. 6
279	279	(2)(5) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall 7
280	280	be raised to the next higher multiple of one dollar ($1.00). 8
281	281	(b) Dependents’ allowances. An individual to whom benefits for unemployment due to 9
282	282	sickness reasons allowed under this chapter are payable under this chapter with respect to any week, 10
283	283	shall, in addition to those benefits, be paid with respect to each week a dependent’s allowance of 11
284	284	ten dollars ($10.00) or seven percent (7%), of the individual’s benefit rate, payable under subsection 12
285	285	(a) of this section, whichever is greater, for each of that individual’s children, including adopted 13
286	286	and stepchildren or that individual’s court-appointed wards who, at the beginning of the 14
287	287	individual’s benefit year, is under eighteen (18) years of age and who is at that time in fact 15
288	288	dependent on that individual. A dependent’s allowance shall also be paid to that individual for any 16
289	289	child, including an adopted child or a stepchild or that individual’s court appointed ward, eighteen 17
290	290	(18) years of age or over, incapable of earning any wages because of mental or physical incapacity, 18
291	291	and who is dependent on that individual in fact at the beginning of the individual’s benefit year, 19
292	292	including individuals who have been appointed the legal guardian of that child by the appropriate 20
293	293	court. However, in no instance shall the number of dependents for which an individual may receive 21
294	294	dependents’ allowances exceed five (5) in total and in no instance shall the individual's weekly 22
295	295	benefit amount including both the benefit rate and dependent's allowance exceed that individua l's 23
296	296	average weekly wage in the last period. The weekly total of dependents’ allowances payable to any 24
297	297	individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple 25
298	298	of one dollar ($1.00). The number of an individual’s dependents, and the fact of their dependency, 26
299	299	shall be determined as of the beginning of that individual’s benefit year; provided, that only one 27
300	300	individual shall be entitled to a dependent’s allowance for the same dependent with respect to any 28
301	301	week. Each individual who claims a dependent’s allowance shall establish his or her claim to it to 29
302	302	the satisfaction of the director under procedures established by the director. 30
303	303	(c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year 31
304	304	shall continue in effect until the end of that benefit year. 32
305	305	(d) Partial unemployment due to sickness reasons allowed under this chapter. For weeks 33
306	306	beginning on or after January 1, 2006, an individual partially unemployed due to sickness reasons 34
307	307
308	308
309	309	LC001185 - Page 9 of 12
310	310	allowed under this chapter and otherwise eligible in any week shall be paid sufficient benefits with 1
311	311	respect to that week, so that his or her wages, rounded to the next higher multiple of one dollar 2
312	312	($1.00), and his or her benefits combined will equal in amount the weekly benefit rate to which he 3
313	313	or she would be entitled if totally unemployed due to sickness reasons allowed under this chapter 4
314	314	in that week; provided that an individual must have been totally unemployed due to sickness 5
315	315	reasons allowed under this chapter for at least seven (7) consecutive days prior to claiming partial 6
316	316	benefits under this provision; provided, that this provision shall not apply if the individual is entitled 7
317	317	to lag day benefits pursuant to § 28-41-9; provided, further, that nothing contained herein shall 8
318	318	permit any individual to whom remuneration is payable for any work performed in any week in an 9
319	319	amount equal to or greater than his or her weekly benefit rate to receive benefits or waiting period 10
320	320	credit for that week. 11
321	321	28-41-35. Benefits. 12
322	322	(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for 13
323	323	temporary caregiver benefits for any week in which he or she is unable to perform his or her regular 14
324	324	and customary work because he or she is: 15
325	325	(1) Bonding with a newborn child or a child newly placed for adoption or foster care with 16
326	326	the employee or domestic partner in accordance with the provisions of § 28-41-36(c); or 17
327	327	(2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who 18
328	328	has a serious health condition, subject to a waiting period in accordance with the provisions of § 19
329	329	28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in 20
330	330	accordance with the policy of the individual’s employer. 21
331	331	(b) Temporary caregiver benefits shall be available only to the employee exercising his or 22
332	332	her right to leave while covered by the temporary caregiver insurance program. An employee shall 23
333	333	file a written intent with his or her employer, in accordance with rules and regulations promulgated 24
334	334	by the department, with a minimum of thirty (30) days' notice prior to commencement of the family 25
335	335	leave. Failure by the employee to provide the written intent may result in delay or reduction in the 26
336	336	claimant’s benefits, except in the event the time of the leave is unforeseeable or the time of the 27
337	337	leave changes for unforeseeable circumstances. 28
338	338	(c) Employees cannot file for both temporary caregiver benefits and temporary disability 29
339	339	benefits for the same purpose, concurrently, in accordance with all provisions of this act and 30
340	340	chapters 39 — 41 39 through 41 of this title. 31
341	341	(d) Temporary caregiver benefits may be available to any individual exercising his or her 32
342	342	right to leave while covered by the temporary caregiver insurance program, commencing on or 33
343	343	after January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance 34
344	344
345	345
346	346	LC001185 - Page 10 of 12
347	347	with chapters 39 — 41 39 through 41 of this title. The benefits for the temporary caregiver program 1
348	348	shall be payable with respect to the first day of leave taken after the waiting period and each 2
349	349	subsequent day of leave during that period of family temporary disability leave. Benefits shall be 3
350	350	in accordance with the following: 4
351	351	(1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum 5
352	352	of four (4) weeks in a benefit year; 6
353	353	(2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum 7
354	354	of five (5) weeks in a benefit year; 8
355	355	(3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum 9
356	356	of six (6) weeks in a benefit year. 10
357	357	(e) In addition, no individual shall be paid temporary caregiver benefits and temporary 11
358	358	disability benefits that together exceed thirty (30) times his or her weekly benefit rate in any benefit 12
359	359	year the total amount of benefits payable in accordance with the provisions outlined in § 28-41-7. 13
360	360	(f) Any employee who exercises his or her right to leave covered by temporary caregiver 14
361	361	insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by 15
362	362	the employer to the position held by the employee when the leave commenced, or to a position with 16
363	363	equivalent seniority, status, employment benefits, pay, and other terms and conditions of 17
364	364	employment including fringe benefits and service credits that the employee had been entitled to at 18
365	365	the commencement of leave. 19
366	366	(g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain 20
367	367	any existing health benefits of the employee in force for the duration of the leave as if the employee 21
368	368	had continued in employment continuously from the date he or she commenced the leave until the 22
369	369	date the caregiver benefits terminate; provided, however, that the employee shall continue to pay 23
370	370	any employee shares of the cost of health benefits as required prior to the commencement of the 24
371	371	caregiver benefits. 25
372	372	(h) No individual shall be entitled to waiting period credit or temporary caregiver benefits 26
373	373	under this section for any week beginning prior to January 1, 2014. An employer may require an 27
374	374	employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 28
375	375	103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who 29
376	376	exercises his or her right to benefits under the temporary caregiver insurance program under this 30
377	377	chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken 31
378	378	pursuant to the federal Family and Medical Leave Act and/or the Rhode Island parental and family 32
379	379	medical leave act. 33
380	380	(i) Temporary caregiver benefits shall be in accordance with the federal Family and 34
381	381
382	382
383	383	LC001185 - Page 11 of 12
384	384	Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical 1
385	385	leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled 2
386	386	to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode 3
387	387	Island parental and family medical leave act, § 28-48-1 et seq., who exercises his or her right to 4
388	388	benefits under the temporary caregiver insurance program under this chapter, to take any temporary 5
389	389	caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and 6
390	390	Medical Leave Act and/or the Rhode Island parental and family medical leave act. 7
391	391	SECTION 5. This act shall take effect on January 1, 2024. 8
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393	393	LC001185
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395	395
396	396
397	397	LC001185 - Page 12 of 12
398	398	EXPLANATION
399	399	BY THE LEGISLATIVE COUNCIL
400	400	OF
401	401	A N A C T
402	402	RELATING TO LABOR AND LABOR RE LATIONS -- TEMPORARY DISABILITY
403	403	INSURANCE -- GENERAL PROVISIONS
404	404	***
405	405	This act would increase the taxable wage base upon which employees make contributions 1
406	406	to the TDI and TCI funds, increase individual benefit rates for lower wage individuals, and create 2
407	407	an opt- in option for self-employed workers. 3
408	408	This act would take effect on January 1, 2024. 4
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410	410	LC001185
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