2025 -- S 0974
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LC002731
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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
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
INSURANCE --CONTRIBUTIONS
Introduced By: Senators Lawson, Bissaillon, Tikoian, Lauria, DiMario, Euer, Urso,
Felag, Murray, and Gallo
Date Introduced: April 16, 2025
Referred To: Senate Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-40-1 of the General Laws in Chapter 28-40 entitled "Temporary 1
Disability Insurance — Contributions" is hereby amended to read as follows: 2
28-40-1. Amount of employee contributions — Wages on which based. 3
(a) The taxable wage base under this chapter for each calendar year shall be equal to the 4
greater of thirty-eight thousand dollars ($38,000) one hundred thousand dollars ($100,000) or the 5
annual earnings needed by an individual to qualify for the maximum weekly benefit amount and 6
the maximum duration under chapters 39 — 41 of this title. That taxable wage base shall be 7
computed as follows: Every September 30, the maximum weekly benefit amount in effect as of that 8
date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-six 9
hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars ($100), 10
it shall be rounded upward to the next higher even multiple of one hundred dollars ($100). That 11
taxable wage base shall be effective for the calendar year beginning on the next January 1. 12
(b) Each employee shall contribute with respect to employment after the date upon which 13
the employer becomes subject to chapters 39 — 41 of this title, an amount equal to the fund cost 14
rate times the wages paid by the employer to the employee up to the taxable wage base as defined 15
and computed in subsection (a) of this section. The employee contribution rate for the following 16
calendar year shall be determined by computing the fund cost rate on or before November 15 of 17
each year as follows: 18
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(1) The total amount of disbursements made from the fund for the twelve-month (12) 1
period ending on the immediately preceding September 30 shall be divided by the total taxable 2
wages paid by employers during the twelve-month (12) period ending on the immediately 3
preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the 4
resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down 5
to the next lowest multiple of one-tenth of one percent (0.1%); 6
(2) If the fund balance as of the preceding September 30 is less than the total disbursements 7
from the fund for the six-month (6) period ending on that September 30, that difference shall be 8
added to the total disbursements for the twelve-month (12) period ending September 30 for the 9
purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple 10
of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one 11
percent (0.1%). 12
SECTION 2. Sections 28-41-5 and 28-41-35 of the General Laws in Chapter 28-41 entitled 13
"Temporary Disability Insurance — Benefits" are hereby amended to read as follows: 14
28-41-5. Weekly benefit rate — Dependents’ allowances. [Effective January 1, 2025.] 15
(a) Benefit rate. 16
(1) The benefit rate payable under this chapter to any eligible individual with respect to 17
any week of the individual’s unemployment due to sickness, when that week occurs within a benefit 18
year, shall be, for benefit years beginning on or after October 7, 1990, and prior to January 1, 2026, 19
four and sixty-two hundredths percent (4.62%); for benefit years beginning on or after January 1, 20
2026, and prior to January 1, 2027, five and thirty-eight hundredths percent (5.38%); and for benefit 21
years beginning on or after January 1, 2027, five and seventy-seven hundredths percent (5.77%) of 22
the wages paid to the individual in that calendar quarter of the base period in which the individual’s 23
wages were highest; provided, however, that the benefit rate shall not exceed eighty-five percent 24
(85%) of the average weekly wage paid to individuals covered by chapters 42 — 44 of this title for 25
the preceding calendar year ending December 31. If the maximum weekly benefit rate is not an 26
exact multiple of one dollar ($1.00) then the rate shall be raised to the next higher multiple of one 27
dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit years beginning 28
on or after July 1 of the year prior to July of the succeeding calendar year. 29
(2) 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. The weekly total of dependents’ allowances payable to any 11
individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple 12
of one dollar ($1.00). The number of an individual’s dependents, and the fact of their dependency, 13
shall be determined as of the beginning of that individual’s benefit year; provided, that only one 14
individual shall be entitled to a dependent’s allowance for the same dependent with respect to any 15
week. Each individual who claims a dependent’s allowance shall establish their claim to it to the 16
satisfaction of the director under procedures established by the director. 17
(c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year 18
shall continue in effect until the end of that benefit year. 19
(d) Partial unemployment due to sickness. For weeks beginning on or after January 1, 20
2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall 21
be paid sufficient benefits with respect to that week, so that their wages, rounded to the next higher 22
multiple of one dollar ($1.00), and their benefits combined will equal in amount the weekly benefit 23
rate to which the individual would be entitled if totally unemployed due to sickness in that week; 24
provided that an individual must have been totally unemployed due to sickness for at least seven 25
(7) consecutive days prior to claiming partial benefits under this provision; provided, that this 26
provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-41-9; 27
provided, further, that nothing contained herein shall permit any individual to whom remuneration 28
is payable for any work performed in any week in an amount equal to or greater than his or her 29
weekly benefit rate to receive benefits or waiting period credit for that week. 30
28-41-35. Benefits. [Effective January 1, 2025.] 31
(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for 32
temporary caregiver benefits for any week in which the employee is unable to perform their regular 33
and customary work because the employee is: 34
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(1) Bonding with a newborn child or a child newly placed for adoption or foster care with 1
the employee or domestic partner in accordance with the provisions of § 28-41-36(c); or 2
(2) Caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner, who 3
has a serious health condition, subject to a waiting period in accordance with the provisions of § 4
28-41-12 [repealed]. Employees may use accrued sick time during the eligibility waiting period in 5
accordance with the policy of the individual’s employer. 6
(b) Temporary caregiver benefits shall be available only to the employee exercising his or 7
her right to leave while covered by the temporary caregiver insurance program. An employee shall 8
file a written intent with their employer, in accordance with rules and regulations promulgated by 9
the department, with a minimum of thirty (30) days’ notice prior to commencement of the family 10
leave. Failure by the employee to provide the written intent may result in delay or reduction in the 11
claimant’s benefits, except in the event the time of the leave is unforeseeable or the time of the 12
leave changes for unforeseeable circumstances. 13
(c) Employees cannot file for both temporary caregiver benefits and temporary disability 14
benefits for the same purpose, concurrently, in accordance with all provisions of this act and 15
chapters 39 — 41 of this title. 16
(d) Temporary caregiver benefits may be available to any individual exercising their right 17
to leave while covered by the temporary caregiver insurance program, commencing on or after 18
January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance with 19
chapters 39 — 41 of this title. The benefits for the temporary caregiver program shall be payable 20
with respect to the first day of leave taken after the waiting period and each subsequent day of leave 21
during that period of family temporary disability leave. Benefits shall be in accordance with the 22
following: 23
(1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum 24
of four (4) weeks in a benefit year; 25
(2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum 26
of five (5) weeks in a benefit year; 27
(3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum 28
of six (6) weeks in a benefit year; 29
(4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum 30
of seven (7) weeks in a benefit year; and 31
(5) Beginning January 1, 2026, temporary caregiver benefits shall be limited to a maximum 32
of eight (8) weeks in a benefit year.; 33
(6) Beginning January 1, 2027, temporary caregiver benefits shall be limited to a maximum 34
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of ten (10) weeks in a benefit year; and 1
(7) Beginning January 1, 2028, temporary caregiver benefits shall be limited to a maximum 2
of twelve (12) weeks in a benefit year. 3
(e) In addition, no individual shall be paid temporary caregiver benefits and temporary 4
disability benefits that together exceed thirty (30) times the individual’s weekly benefit rate in any 5
benefit year. 6
(f) Any employee who exercises their right to leave covered by temporary caregiver 7
insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by 8
the employer to the position held by the employee when the leave commenced, or to a position with 9
equivalent seniority, status, employment benefits, pay, and other terms and conditions of 10
employment including fringe benefits and service credits that the employee had been entitled to at 11
the commencement of leave. 12
(g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain 13
any existing health benefits of the employee in force for the duration of the leave as if the employee 14
had continued in employment continuously from the date the employee commenced the leave until 15
the date the caregiver benefits terminate; provided, however, that the employee shall continue to 16
pay any employee shares of the cost of health benefits as required prior to the commencement of 17
the caregiver benefits. 18
(h) No individual shall be entitled to waiting period credit or temporary caregiver benefits 19
under this section for any week beginning prior to January 1, 2014. An employer may require an 20
employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No. 21
103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who 22
exercises their right to benefits under the temporary caregiver insurance program under this chapter, 23
to take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to 24
the federal Family and Medical Leave Act and/or the Rhode Island parental and family medical 25
leave act. 26
(i) Temporary caregiver benefits shall be in accordance with the federal Family and 27
Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical 28
leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled 29
to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode 30
Island parental and family medical leave act, § 28-48-1 et seq., who exercises their right to benefits 31
under the temporary caregiver insurance program under this chapter, to take any temporary 32
caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and 33
Medical Leave Act and/or the Rhode Island parental and family medical leave act. 34
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SECTION 3. This act shall take effect January 1, 2026. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
INSURANCE --CONTRIBUTIONS
***
This act would increase the taxable wage base for temporary disability insurance claims 1
from thirty-eight thousand dollars ($38,000) to one hundred thousand dollars ($100,000) or the 2
annual earnings needed by an individual to qualify for the maximum weekly benefit amount and 3
the maximum duration under chapters 39 through 41 of this title. This act would also increase the 4
percent of wages used in the base period to determine an individual's weekly benefit amount and 5
would amend the duration period of caregiver benefits for the years 2027, 2028 and beyond. 6
This act would take effect January 1, 2026. 7
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