Rhode Island 2023 Regular Session

Rhode Island House Bill H5781 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5781
6	6	========
7	7	LC002047
8	8	========
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 Kazarian, Giraldo, Carson, Cotter, Donovan, Serpa,
18	18	Batista, O'Brien, Shanley, and Casimiro
19	19	Date Introduced: February 22, 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. Section 28-39-2 of the General Laws in Chapter 28-39 entitled "Temporary 1
25	25	Disability Insurance — General Provisions" is 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	LC002047 - Page 2 of 11
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
81	81	LC002047 - Page 3 of 11
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	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
122	122	LC002047 - Page 4 of 11
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	SECTION 2. Section 28-40-1 of the General Laws in Chapter 28-40 entitled "Temporary 25
148	148	Disability Insurance — Contributions" is hereby amended to read as follows: 26
149	149	28-40-1. Amount of employee contributions — Wages on which based. 27
150	150	(a) The taxable wage base under this chapter for each calendar year shall be equal to the 28
151	151	greater of thirty-eight thousand dollars ($38,000) or the annual earnings needed by an individual to 29
152	152	qualify for the maximum weekly benefit amount and the maximum duration under chapters 39 — 30
153	153	41 39 through 41 of this title. That taxable wage base shall be computed as follows: Every 31
154	154	September 30, the maximum weekly benefit amount in effect as of that date shall be multiplied by 32
155	155	thirty (30) and the resultant product shall be divided by thirty-six hundredths (.36). If the result thus 33
156	156	obtained is not an even multiple of one hundred dollars ($100), it shall be rounded upward to the 34
157	157
158	158
159	159	LC002047 - Page 5 of 11
160	160	next higher even multiple of one hundred dollars ($100). That taxable wage base shall be effective 1
161	161	for the calendar year beginning on the next January 1. 2
162	162	(b) Each employee shall contribute with respect to employment after the date upon which 3
163	163	the employer becomes subject to chapters 39 — 41 39 through 41 of this title, an amount equal to 4
164	164	the fund cost rate times the wages paid by the employer to the employee up to the taxable wage 5
165	165	base as defined and computed in subsection (a) of this section. The employee contribution rate for 6
166	166	the following calendar year shall be determined by computing the fund cost rate on or before 7
167	167	November 15 of each year as follows: 8
168	168	(1) The total amount of disbursements made from the fund for the twelve-month (12) 9
169	169	period ending on the immediately preceding September 30 shall be divided by the total taxable 10
170	170	wages paid by employers during the twelve-month (12) period ending on the immediately 11
171	171	preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the 12
172	172	resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down 13
173	173	to the next lowest multiple of one-tenth of one percent (0.1%); 14
174	174	(2) If the fund balance as of the preceding September 30 is less than the total disbursements 15
175	175	from the fund for the six-month (6) period ending on that September 30, that difference shall be 16
176	176	added to the total disbursements for the twelve-month (12) period ending September 30 for the 17
177	177	purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple 18
178	178	of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one 19
179	179	percent (0.1%). 20
180	180	SECTION 3. Section 28-41-5 of the General Laws in Chapter 28-41 entitled "Temporary 21
181	181	Disability Insurance — Benefits" is hereby amended to read as follows: 22
182	182	28-41-5. Weekly benefit rate — Dependents’ allowances. 23
183	183	(a)(1) Benefit rate. The benefit rate payable under this chapter to any eligible individual 24
184	184	with respect to any week of his or her unemployment due to sickness, when that week occurs within 25
185	185	a benefit year, shall be, for benefit years beginning on or after October 7, 1990, four and sixty-two 26
186	186	hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base 27
187	187	period in which the individual’s wages were highest; provided, however, that the benefit rate shall 28
188	188	not exceed eighty-five percent (85%) of the average weekly wage paid to individuals covered by 29
189	189	chapters 42 — 44 42 through 44 of this title for the preceding calendar year ending December 31. 30
190	190	If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00) then the rate shall 31
191	191	be raised to the next higher multiple of one dollar ($1.00). Those weekly benefit rates shall be 32
192	192	effective throughout the benefit years beginning on or after July 1 of the year prior to July of the 33
193	193	succeeding calendar year. 34
194	194
195	195
196	196	LC002047 - Page 6 of 11
197	197	(2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall 1
198	198	be raised to the next higher multiple of one dollar ($1.00). 2
199	199	(b) Dependents’ allowances. An individual to whom benefits for unemployment due to 3
200	200	sickness are payable under this chapter with respect to any week, shall, in addition to those benefits, 4
201	201	be paid with respect to each week a dependent’s allowance of ten dollars ($10.00) twenty dollars 5
202	202	($20.00) or seven percent (7%), of the individual’s benefit rate, payable under subsection (a) of this 6
203	203	section, whichever is greater, for each of that individual’s children, including adopted and 7
204	204	stepchildren or that individual’s court-appointed wards who, at the beginning of the individua l’s 8
205	205	benefit year, is under eighteen (18) years of age and who is at that time in fact dependent on that 9
206	206	individual. A dependent’s allowance shall also be paid to that individual for any child, including 10
207	207	an adopted child or a stepchild or that individual’s court appointed ward, eighteen (18) years of age 11
208	208	or over, incapable of earning any wages because of mental or physical incapacity, and who is 12
209	209	dependent on that individual in fact at the beginning of the individual’s benefit year, including 13
210	210	individuals who have been appointed the legal guardian of that child by the appropriate court. 14
211	211	However, in no instance shall the number of dependents for which an individual may receive 15
212	212	dependents’ allowances exceed five (5) in total. The weekly total of dependents’ allowances 16
213	213	payable to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the 17
214	214	next lower multiple of one dollar ($1.00). The number of an individual’s dependents, and the fact 18
215	215	of their dependency, shall be determined as of the beginning of that individual’s benefit year; 19
216	216	provided, that only one individual shall be entitled to a dependent’s allowance for the same 20
217	217	dependent with respect to any week. Each individual who claims a dependent’s allowance shall 21
218	218	establish his or her claim to it to the satisfaction of the director under procedures established by the 22
219	219	director. 23
220	220	(c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year 24
221	221	shall continue in effect until the end of that benefit year. 25
222	222	(d) Partial unemployment due to sickness. For weeks beginning on or after January 1, 26
223	223	2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall 27
224	224	be paid sufficient benefits with respect to that week, so that his or her wages, rounded to the next 28
225	225	higher multiple of one dollar ($1.00), and his or her benefits combined will equal in amount the 29
226	226	weekly benefit rate to which he or she would be entitled if totally unemployed due to sickness in 30
227	227	that week; provided that an individual must have been totally unemployed due to sickness for at 31
228	228	least seven (7) consecutive days prior to claiming partial benefits under this provision; provided, 32
229	229	that this provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-33
230	230	41-9; provided, further, that nothing contained herein shall permit any individual to whom 34
231	231
232	232
233	233	LC002047 - Page 7 of 11
234	234	remuneration is payable for any work performed in any week in an amount equal to or greater than 1
235	235	his or her weekly benefit rate to receive benefits or waiting period credit for that week. 2
236	236	SECTION 4. Sections 28-41-34 and 28-41-35 of the General Laws in Chapter 28-41 3
237	237	entitled "Temporary Disability Insurance — Benefits" are hereby amended to read as follows: 4
238	238	28-41-34. Temporary caregiver insurance. 5
239	239	The purpose of this chapter is to establish, within the state temporary disability insurance 6
240	240	program, a temporary caregiver insurance program to provide wage replacement benefits in 7
241	241	accordance with the provisions of this chapter, to workers who take time off work to care for a 8
242	242	seriously ill child, spouse, domestic partner, sibling, parent, parent-in-law, care recipient, 9
243	243	grandparent, grandchild, or to bond with a new child. 10
244	244	Definitions as used in this chapter: 11
245	245	(1) “Adopted child” means a child adopted by, or placed for adoption with, the employee. 12
246	246	(2) “Bonding or bond” means to develop a psychological and emotional attachment 13
247	247	between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve 14
248	248	being in one another’s physical presence. 15
249	249	(3) "Care recipient" means a person for whom the employee is responsible for providing 16
250	250	or arranging health or safety related care, including, but not limited to, helping the person obtain 17
251	251	diagnostic, preventive, routine, or therapeutic health treatment. 18
252	252	(3)(4) “Child” means a biological, adopted, or foster son or daughter, a stepson or 19
253	253	stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an 20
254	254	employee who stands in loco parentis to that child. 21
255	255	(4)(5) “Department” means the department of labor and training. 22
256	256	(5)(6) “Domestic partner” means a party to a civil union as defined by chapter 3.1 of title 23
257	257	15. 24
258	258	(6)(7) “Employee” means any person who is or has been employed by an employer subject 25
259	259	to chapters 39 — 41 39 through 41 of this title and in employment subject to those chapters. 26
260	260	(8) “Grandchild” means the child of the employee's child. 27
261	261	(7)(9) “Grandparent” means a parent of the employee’s parent. 28
262	262	(8)(10) “Newborn child” means a child under one year of age. 29
263	263	(9)(11) “Parent” means a biological, foster, or adoptive parent, a stepparent, a legal 30
264	264	guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or 31
265	265	domestic partner when he/she was a child. 32
266	266	(10)(12) “Parent-in-law” means the parent of the employee’s spouse or domestic partner. 33
267	267	(11)(13) “Persons who stand in loco parentis” means those with day-to-day responsibilities 34
268	268
269	269
270	270	LC002047 - Page 8 of 11
271	271	to care for and financially support a child or, in the case of an employee, who had such 1
272	272	responsibility for the employee when the employee was a child. A biological or legal relationship 2
273	273	shall not be required. 3
274	274	(14) "Sibling" means children with a common parent or grandparent, including biological 4
275	275	siblings, half-siblings, step-siblings, foster siblings, and adopted siblings. 5
276	276	(12)(15) “Serious health condition” means any illness, injury, impairment, or physical or 6
277	277	mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, 7
278	278	or continued treatment or continuing supervision by a licensed healthcare provider. 8
279	279	(13)(16) “Spouse” means a party in a common law marriage, a party in a marriage 9
280	280	conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of 10
281	281	title 15. 11
282	282	28-41-35. Benefits. 12
283	283	(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for 13
284	284	temporary caregiver benefits for any week in which he or she is unable to perform his or her regular 14
285	285	and customary work because he or she is: 15
286	286	(1) Bonding with a newborn child or a child newly placed for adoption or foster care with 16
287	287	the employee or domestic partner in accordance with the provisions of § 28-41-36(c); or 17
288	288	(2) Caring for a child, grandchild, parent, parent-in-law, care recipient, grandparent, 18
289	289	sibling, spouse, or domestic partner, who has a serious health condition, subject to a waiting period 19
290	290	in accordance with the provisions of § 28-41-12 [repealed]. Employees may use accrued sick time 20
291	291	during the eligibility waiting period in accordance with the policy of the individual’s employer. 21
292	292	(b) Temporary caregiver benefits shall be available only to the employee exercising his or 22
293	293	her right to leave while covered by the temporary caregiver insurance program. An employee shall 23
294	294	file a written intent with his or her employer, in accordance with rules and regulations promulgated 24
295	295	by the department, with a minimum of thirty (30) days' notice prior to commencement of the family 25
296	296	leave. Failure by the employee to provide the written intent may result in delay or reduction in the 26
297	297	claimant’s benefits, except in the event the time of the leave is unforeseeable or the time of the 27
298	298	leave changes for unforeseeable circumstances. 28
299	299	(c) Employees cannot file for both temporary caregiver benefits and temporary disability 29
300	300	benefits for the same purpose, concurrently, in accordance with all provisions of this act and 30
301	301	chapters 39 — 41 39 through 41 of this title. 31
302	302	(d) Temporary caregiver benefits may be available to any individual exercising his or her 32
303	303	right to leave while covered by the temporary caregiver insurance program, commencing on or 33
304	304	after January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance 34
305	305
306	306
307	307	LC002047 - Page 9 of 11
308	308	with chapters 39 — 41 of this title. The benefits for the temporary caregiver program shall be 1
309	309	payable with respect to the first day of leave taken after the waiting period and each subsequent 2
310	310	day of leave during that period of family temporary disability leave. Benefits shall be in accordance 3
311	311	with the following: 4
312	312	(1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum 5
313	313	of four (4) weeks in a benefit year; 6
314	314	(2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum 7
315	315	of five (5) weeks in a benefit year; 8
316	316	(3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum 9
317	317	of six (6) weeks in a benefit year.; and 10
318	318	(4) Beginning January 1, 2024, temporary caregiver benefits shall be limited to a maximum 11
319	319	of twelve (12) weeks in a benefit year. 12
320	320	(e) In addition, no individual shall be paid temporary caregiver benefits and temporary 13
321	321	disability benefits that together exceed thirty (30) times his or her weekly benefit rate in any benefit 14
322	322	year. 15
323	323	(f) Any employee who exercises his or her right to leave covered by temporary caregiver 16
324	324	insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by 17
325	325	the employer to the position held by the employee when the leave commenced, or to a position with 18
326	326	equivalent seniority, status, employment benefits, pay, and other terms and conditions of 19
327	327	employment including fringe benefits and service credits that the employee had been entitled to at 20
328	328	the commencement of leave. 21
329	329	(g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain 22
330	330	any existing health benefits of the employee in force for the duration of the leave as if the employee 23
331	331	had continued in employment continuously from the date he or she commenced the leave until the 24
332	332	date the caregiver benefits terminate; provided, however, that the employee shall continue to pay 25
333	333	any employee shares of the cost of health benefits as required prior to the commencement of the 26
334	334	caregiver benefits. 27
335	335	(h) No individual shall be entitled to waiting period credit or temporary caregiver benefits 28
336	336	under this section for any week beginning prior to January 1, 2014. An employer may require an 29
337	337	employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 30
338	338	103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who 31
339	339	exercises his or her right to benefits under the temporary caregiver insurance program under this 32
340	340	chapter, to take any temporary caregiver benefits received, concurrently, with any leave taken 33
341	341	pursuant to the federal Family and Medical Leave Act and/or the Rhode Island parental and family 34
342	342
343	343
344	344	LC002047 - Page 10 of 11
345	345	medical leave act. 1
346	346	(i) Temporary caregiver benefits shall be in accordance with the federal Family and 2
347	347	Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical 3
348	348	leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled 4
349	349	to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode 5
350	350	Island parental and family medical leave act, § 28-48-1 et seq., who exercises his or her right to 6
351	351	benefits under the temporary caregiver insurance program under this chapter, to take any temporary 7
352	352	caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and 8
353	353	Medical Leave Act and/or the Rhode Island parental and family medical leave act. 9
354	354	SECTION 5. This act shall take effect on January 1, 2024. 10
355	355	========
356	356	LC002047
357	357	========
358	358
359	359
360	360	LC002047 - Page 11 of 11
361	361	EXPLANATION
362	362	BY THE LEGISLATIVE COUNCIL
363	363	OF
364	364	A N A C T
365	365	RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
366	366	INSURANCE -- GENERAL PROVISIONS
367	367	***
368	368	This act would include sibling, grandchild, and care recipient in the coverage for temporary 1
369	369	caregiver benefits and increase the maximum temporary caregiver weeks from six (6) to twelve 2
370	370	(12) weeks. This act would also increase a dependent's allowances from ten dollars ($10.00) weekly 3
371	371	to twenty dollars ($20.00) or seven percent (7%) of the individual's benefit rate whichever is 4
372	372	greater. 5
373	373	This act would take effect on January 1, 2024. 6
374	374	========
375	375	LC002047
376	376	========