2012 -- S 2377

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LC01289

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- ESTABLISHING BACK TO WORK

RHODE ISLAND PROGRAM ACT OF 2012

     Introduced By: Senators Lynch, Perry, Tassoni, Miller, and Gallo

     Date Introduced: February 14, 2012

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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

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

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     CHAPTER 44.1

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BACK TO WORK RHODE ISLAND PROGRAM ACT OF 2012

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     28-44.1-1. Short title. – This act shall be known and may be cited as the “Back to Work

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Rhode Island Program Act of 2012.”

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

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follows:

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     (1) As of January 1, 2012, Rhode Island’s unemployment rate is the highest in the New

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England region and above the national average;

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     (2) Despite this high unemployment, businesses report difficulties and frustration in

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locating employment candidates with the requisite knowledge, skills, and abilities they need;

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     (3) In an uncertain economy, employers are hesitant to invest in training if there is a risk

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the investment will not result in a qualified and skilled employee;

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     (4) Despite the need for skilled employees, job seekers face difficulties in getting their

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“foot in the door” to demonstrate their value to potential employers;

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     (5) Statistics indicate that unemployment compensation claimants who participated in

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

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that such programs have saved significant sums of employment security funds;

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     (6) The purpose of the “Back to Work Rhode Island Program” is to assist employers in

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locating and obtaining skilled and qualified employees at little to no training cost, and to provide

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the opportunity for job seekers to gain a “foot in the door,” gain knowledge, learn new skills, and

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abilities, and receive the opportunity for employment.

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     28-44.1-3. Definitions. – For the purposes of this chapter, the following terms shall have

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the following meanings:

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     (1) “Claimant” means a person collecting unemployment security benefits under the

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provisions of chapters 28-42 through 28-44;

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     (2) “Department” means the Rhode Island department of labor and training;

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     (3) “Director” means the director of the Rhode Island department of labor and training;

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     (4) “Participating employer” means an employer who has voluntarily agreed to

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participate in the “Back to Work Rhode Island Program” and meets the criteria for participation

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established by this chapter and as determined by the director;

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     (5) “Program” means the back to work Rhode Island program established under this

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chapter;

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     (6) “Skill enhancement and job training” means the measurable raising to a higher degree

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an individual’s knowledge and execution of a fundamental job function;

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     (7) “Unemployment benefits” means the money payable to a claimant for his or her wage

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losses due to unemployment, payable pursuant to chapter 28-44 (“Employment Security-

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Benefits”), and includes any amounts payable pursuant to an agreement under federal law

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providing for compensation, assistance, or allowances with respect to unemployment.

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     28-44.1-4. Back to work Rhode Island program. – (a) The back to work Rhode Island

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program is hereby established and shall be administered by the department of labor and training.

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     (b) The program shall be designed so as to permit a claimant to be matched with an

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employer participating in the program and be placed in an open employment position made

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available by the employer. Participation by both claimant and employer shall be voluntary. The

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employer shall provide the claimant with skill enhancement and job training relevant to the open

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employment position for up to twenty-four (24) hours per week for up to six (6) weeks. Upon

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completion of the six (6) week period, claimants must be considered for employment by the

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employer. During the six (6) week period, the employer shall not compensate the claimant in any

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way other than the training that the claimant receives through participation in the program. An

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employer may terminate participation in the program at any time.

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     (c) Notwithstanding any other law, participation in the back to work Rhode Island

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program shall not affect the employment security benefits of a claimant; provided, however, that

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contingent upon appropriation, said claimant may receive a reasonable stipend in an amount

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determined by the director to cover any additional costs associated with their participation in the

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program, including, but not limited to, transportation or childcare costs.

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     (d) The department shall notify employers of the availability of the program and shall

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provide employers with information and materials necessary to participate upon request.

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     (e) The department shall continuously monitor the program to ensure that participating

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employers enter the program in good faith with the genuine expectation of hiring for the open

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position and with the intent and ability to provide relevant skill enhancement and job training.

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     (f) The department shall develop and conduct an orientation program for participating

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claimants and employers informing them of the rules, regulations, opportunities, and limitations

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of the back to work Rhode Island program.

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     (g) A claimant may stay in the program if they exhaust benefits or lose program

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

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program eligibility is lost, unemployment compensation shall be discontinued.

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     (h) Participation in the program by a claimant shall be limited to six (6) weeks in any

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benefit year. A claimant shall be encouraged to end a training relationship that is not beneficial

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

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another training opportunity.

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      (i) In order to participate, a claimant must be seeking work and must be able, available,

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and accept work during the training period.

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     (j) Interested claimants shall be encouraged, but not required, to find employment

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opportunities that align with their current job skills, knowledge and experience. Employers shall

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be encouraged to work with the department to locate claimants with current job skills, knowledge,

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and experience that align with the requirements of an open employment opportunity;

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     (k) The claimant and the employer must agree upon a formal training plan and schedule

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which must be approved by the department.

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     (l) Participation in the program will be limited to the first two hundred (200) participants

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determined to be eligible by the department.

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     (m) The back to work Rhode Island program will expire on December 31, 2013. New

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participants will not be enrolled after November 18, 2013.

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     28-44.1-5. Eligibility to be a participating employer. – (a) An employer wishing to

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participate in the back to work Rhode Island program shall be required to meet the following

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qualifications:

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     (1) The employer must conduct business in Rhode Island; although, the business need not

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be domestic to Rhode Island;

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

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employer is desirous of filling;

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      (3) The employer must be willing and able to provide a participating claimant with skills

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enhancement and job training focused toward the position that is available;

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

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any payment in kind to the claimant during the course of the claimant’s participation in the

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program;

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     (5) The employer must agree to follow up a claimant's participation in the program with a

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performance evaluation of the claimant, regardless of whether or not the claimant is hired for

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employment;

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     (6) The employer must agree to provide information as requested by the department and

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verify that employment of a participating claimant will not displace nor have any impact on a

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promotion due an existing employee;

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     (7) The employer must certify that the employment and training opportunity is not due to

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a lockout, strike, or other labor dispute; and

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

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

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

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collective bargaining agreement.

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     28-44.1-6. Eligibility to be a participating claimant. – (a) An individual receiving

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unemployment benefits and wishing to participate in the back to work Rhode Island program

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must meet the following qualifications:

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     (1) The individual must be eligible to receive Rhode Island unemployment compensation

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benefits;

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     (2) The individual must continue to file weekly continued claims to receive benefits

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unless otherwise exempted;

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     (3) The individual must continue to look for work and employment opportunities during

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their participation in the program, unless otherwise exempt;

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     (4) The individual must certify that he or she understands that participation in the

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program includes no guarantee of employment;

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     (5) The individual must attend a mandatory orientation to be offered by the department;

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     (6) The individual must agree to provide information as requested by the department; and

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

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

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register for employment services are not eligible for the program.

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     28-44.1-7. Workers’ compensation. – The department will provide workers

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compensation coverage for participating claimants.

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

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

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     28-44.1-9. Funding. – Creation of the back to work Rhode Island program is contingent

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upon funding.

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     28-44.1-10. Severability. – If any of the provisions of this chapter or the application

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

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

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the provisions of this chapter are declared to be severable.

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

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LC01289

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- ESTABLISHING BACK TO WORK

RHODE ISLAND PROGRAM ACT OF 2012

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     This act would assist employers and potential employees by creating the back to work

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Rhode Island program.

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     This act would take effect on January 1, 2013.

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LC01289

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