Rhode Island 2025 2025 Regular Session

Rhode Island House Bill H6066 Introduced / Bill

Filed 03/12/2025

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