2012 -- H 7252

=======

LC00101

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

____________

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

RETURN TO WORK ACT

     Introduced By: Representatives McNamara, Malik, Gallison, Morrison, and McLaughlin

     Date Introduced: January 25, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 28 of the General Laws entitled "LABOR AND LABOR

1-2

RELATIONS" is hereby amended by adding thereto the following chapter:

1-3

     CHAPTER 44.1

1-4

THE RHODE ISLAND RETURN TO WORK ACT

1-5

     28-44.1-1 Short title. -- This act shall be known as and may be cited as the "Rhode

1-6

Island Return to Work Act of 2012."

1-7

     28-44.1-2. Legislative findings and purpose. -- The general assembly hereby finds as

1-8

follows:

1-9

     (1) In this difficult economy, employers are hesitant to invest in people or programs,

1-10

while job seekers need to get their “foot in the door” to demonstrate their value to potential

1-11

employers.

1-12

     (2) Statistics show that unemployment compensation claimants who participated in

1-13

employer-partnered training programs return to work more quickly than those who do not, and

1-14

that such programs have saved significant sums of employment security benefits.

1-15

     (3) The purpose of the Rhode Island “Return to Work Program” is to assist employers

1-16

and job seekers alike.

1-17

     (4) The return to work program shall provide an opportunity for a worker trainee to get a

1-18

“foot in the door” and learn new skills and obtain an opportunity for an employer to train the

1-19

trainee without the accompanying costs.

2-1

     28-44.1-3. Definitions. -- As used in this chapter, the following words and phrases shall

2-2

have the following meanings, unless the context clearly indicates otherwise:

2-3

     (1) “Department” means the department of labor and training.

2-4

     (2) “Director” means the head of the department of labor and training or his or her

2-5

authorized representative.

2-6

     (3) “Return to work program” or “the program” means the plan established pursuant to

2-7

section 28-44.1-4 of this chapter.

2-8

     (4) “Training employer” means an employer who has voluntarily agreed to participate in

2-9

the Rhode Island return to work program and meets the criteria for participation established by

2-10

this chapter and as determined by the director.

2-11

     (5) “Training internship” means an internship through the return to work program

2-12

offered by an employer whereby an individual works for and receives training from a private

2-13

employer for a period of not more than six (6) consecutive weeks, and for a weekly amount of up

2-14

to and including twenty-four (24) hours per week.

2-15

     (6) “Trainee” or “worker trainee” means any individual employed on a temporary, part-

2-16

time basis by any employer in a return to work training program established pursuant to this

2-17

chapter.

2-18

     (7) “Unemployment benefits” means the money payable to an individual as compensation

2-19

for his or her wage losses due to unemployment, payable pursuant to chapter 28-44

2-20

(“Employment Security -- Benefits”), and includes any amounts payable pursuant to an

2-21

agreement under any federal law providing for compensation, assistance, or allowances with

2-22

respect to unemployment.

2-23

     28-44.1-4. Return to work program established. -- (a) There is hereby established a

2-24

program to be known as the "Rhode Island Return to Work Program." The program shall be

2-25

operated by and administered through the department of labor and training as a voluntary

2-26

program to provide a structured, supervised training opportunity to Rhode Island residents

2-27

receiving unemployment benefits, allowing such residents to obtain job training while continuing

2-28

to collect unemployment compensation.

2-29

     (1) No payment in kind may be paid by or on behalf of nor accepted by a worker trainee

2-30

other than the training that the worker trainee receives through the training internship.

2-31

Commissions and/or tips represent wages and may not be paid or accepted as a result of the

2-32

internship. A claimant will continue to receive the full amount of unemployment compensation

2-33

benefits that the claimant would be entitled to, regardless of the claimant’s participation in a

2-34

return to work program training internship.

3-1

     (b) Only Rhode Island residents who are otherwise eligible to collect unemployment

3-2

benefits pursuant to the provisions of Chapter 28-44 (“Employment Security - Benefits”) shall be

3-3

eligible to participate in a training internship under the return to work program. Participation by

3-4

both the trainee and the training employer shall be voluntary. A person eligible to participate

3-5

shall apply to the director of the department of labor and training for participation on forms to be

3-6

prepared by the director.

3-7

     (c) A trainee shall be eligible to participate in a training internship up to six (6)

3-8

consecutive weeks, and a maximum of twenty-four (24) hours per week. Claimants must continue

3-9

to file weekly continued claims to receive benefits and conduct a work search during non-training

3-10

time unless otherwise exempted.

3-11

     (d) The training provided by the training employer in the internship must be authorized

3-12

through the department of labor and training prior to the beginning of the training. The training

3-13

program may be for up to six (6) weeks, and a maximum of twenty-four (24) hours per week per

3-14

benefit year. Upon timely submission of their continued claim form, and meeting all other

3-15

unemployment compensation eligibility requirements, trainees will receive their weekly

3-16

unemployment compensation benefits. All trainees shall be covered under a state provided

3-17

Workers Compensation program.

3-18

     (e) A trainee may stay in the program if they exhaust benefits or lose program eligibility

3-19

prior to the end of the six (6) weeks; provided, however, once benefits are exhausted or program

3-20

eligibility is lost, unemployment compensation shall be discontinued.

3-21

     (f) Participation in the return to work program by a trainee shall be limited to six (6)

3-22

weeks in any benefit year. A trainee shall be encouraged to end a training relationship that is not

3-23

beneficial and are encouraged to preserve the remainder of his or her six (6) weeks of training for

3-24

another return to work opportunity.

3-25

     (g) A return to work trainee must be able and available to seek and accept work during

3-26

this period in order to participate.

3-27

     (h) Potential trainees shall be encouraged to find companies or positions that they may

3-28

want to explore, whether it is utilizing transferable skills or seeking the opportunity to gain new

3-29

skills. Employers shall be encouraged to work with the department in the local office to match

3-30

open positions and trainees.

3-31

     (1) Once a training opportunity is found, both the potential trainee and the training

3-32

employer shall complete a training application. The application shall be designed to open

3-33

communications between the employer and the trainee about what training is desired and what

3-34

training is being offered.

4-1

     (2) The potential trainee and the training employer shall return the completed forms to the

4-2

department for training authorization. The department shall review the application. The potential

4-3

trainee and the employer shall receive a decision letter either approving or rejecting the

4-4

application. If the application is approved, the department shall provide the training opportunity

4-5

and the dates. The trainee shall attend an orientation video at the local office of the department

4-6

prior to the beginning of any training internship.

4-7

     (3) The claimant and the employer must agree upon a formal training schedule, which

4-8

includes on-site training, supervision, and application of skills or experiences.

4-9

     28-44.1-5. Eligibility to be a training employer. -- (a) The director shall seek out and

4-10

encourage Rhode Island businesses to participate in the Rhode Island return to work program.

4-11

An employer wishing to participate in the program shall be required to meet the following

4-12

qualifications:

4-13

     (1) The training employer must be a Rhode Island employer with a place of business in

4-14

Rhode Island; provided, the employer need not be domestic to Rhode Island;

4-15

     (2) The training employer must have a full time position of employment available that the

4-16

employer is desirous of filling;

4-17

     (3) The training employer must be willing to provide a true training opportunity that

4-18

benefits the trainee;

4-19

     (4) The training employer must certify that he, she, they, or it will not pay any wages or

4-20

provide any payment in kind to the worker trainee during the course of the worker trainee’s

4-21

participation in the program;

4-22

     (5) The training employer must agree to provide information requested by the department

4-23

and must agree that a training employee shall not displace nor have any impact on a promotion

4-24

due an existing employee;

4-25

     (6) The training employer must certify that the training opportunity is not due to lockout

4-26

or strike; and

4-27

     (7) For employers with employees who are subject to collective bargaining, the written

4-28

approval by the collective bargaining representative for each affected unit shall be required to be

4-29

included in the plan for any internship which would otherwise be a position covered by a

4-30

collective bargaining agreement.

4-31

     28-44.1-6. Eligibility to be a training employer. -- (a) The director shall seek to make

4-32

mutually beneficial placements of persons and claimants receiving unemployment benefits with

4-33

appropriate training employers. A person receiving unemployment benefits and wishing to

4-34

participate in the return to work program as a worker trainee shall be required to meet the

5-1

following qualifications:

5-2

     (1) The worker trainee must be eligible to receive Rhode Island unemployment

5-3

compensation benefits;

5-4

     (2) The worker trainee must desire new strengths, skills, or experiences;

5-5

     (3) The worker trainee must continue to look for work, unless otherwise exempt;

5-6

     (4) The worker trainee must certify that he or she understands there is no guarantee of a

5-7

job;

5-8

     (5) The worker trainee must attend a mandatory orientation with the department of labor

5-9

and training;

5-10

     (6) The worker trainee must agree to provide information requested by the department,

5-11

and must agree to report any missed training or changes to training program.

5-12

     (b) Claimants with a definite recall date within six (6) weeks and those who do not

5-13

register for employment services are not eligible for the program.

5-14

     28-44.1-7. Workers compensation. -- The department of labor and training will provide

5-15

workers compensation coverage.

5-16

     28-44.1-8. Rules and regulations. -- The director shall promulgate such rules and

5-17

regulations as the director deems necessary to implement the provisions of this chapter.

5-18

     28-44.1-9. Severability. -- If any of the provisions of this chapter or the application

5-19

thereof to any persons or circumstances are held invalid, the remainder of this chapter and the

5-20

application thereof to other persons or circumstances shall not be affected thereby. To that end,

5-21

the provisions of this chapter are declared to be joint and severable.

5-22

     SECTION 2. This act shall take effect on January 1, 2013.

=======

LC00101

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS - EMPLOYMENT SECURITY -

RETURN TO WORK ACT

***

6-1

     This act would establish a return to work program, to be administered by the department

6-2

of labor and training, to assist unemployed Rhode Islanders in obtaining new job skills and in

6-3

securing new employment.

6-4

     This act would take effect on January 1, 2013.

=======

LC00101

=======