2013 -- S 0231

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LC00173

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE

     Introduced By: Senators Goldin, Paiva Weed, Miller, Nesselbush, and Metts

     Date Introduced: February 06, 2013

     Referred To: Senate Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 28-41 of the General Laws entitled "Temporary Disability

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Insurance - Benefits" are hereby amended by adding thereto the following sections:

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     28-41-34. Temporary caregiver insurance. – The purpose of this chapter is to establish,

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within the state temporary disability insurance program, a temporary caregiver insurance program

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to provide up to eight (8) weeks of wage replacement benefits to workers who take time off work

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to care for a seriously ill child, spouse, parent, domestic partner, or to bond with a new child.

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     Definitions as used in this chapter:

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     (1) “Child” means a biological, adopted, or foster son or daughter, a stepson or

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stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an

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employee who stands in loco parentis to that child.

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     (2) “Newborn child” means a child under one year of age.

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     (3) “Adopted child” means a child adopted by, or placed for adoption with, the employee.

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     (4) “Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian,

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or other person who stood in loco parentis to the employee or the employee’s spouse or domestic

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partner when he/she was a child.

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     (5) “Domestic partner” means a party to a civil union as defined by chapter 15-3.1.

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     (6) “Spouse” means a party in a common law marriage, a party in a marriage conducted

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and recognized by another state or country, or in a marriage as defined by chapter 15-3.

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     (7) “Grandparent” means a parent of the employee’s parent.

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     (8) “Parent-in-law” means the parent of the employee’s spouse or domestic partner.

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     (9) “Employee” means any person who is or has been employed by an employer subject

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to chapters 39 through 41 of this title and in employment subject to those chapters.

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     (10) “Serious health condition” means any illness, injury, impairment, or physical or

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mental condition that involves inpatient care in a hospital, hospice, residential health care facility,

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or continued treatment or continuing supervision by a licensed health care provider.

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

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     28-41-35. Benefits. – (a) Subject to the conditions set forth in this chapter, an employee

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shall be eligible for temporary caregiver benefits for any week in which he or she is unable to

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perform his or her regular and customary work because he or she is:

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     (1) Caring for a newborn child or a child newly placed for adoption or foster care with

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the employee or domestic partner; or

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     (2) Caring for a child, a parent, parent-in-law, grandparent, spouse, or domestic partner,

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who has a serious health condition, subject to a waiting period in accordance with the provisions

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of section 28-41-12. Employees may use accrued sick time during eligibility waiting period in

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accordance with the policy of the individual’s employer.

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     (b) Temporary caregiver benefits shall be available only to the caregiver. An employee

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cannot file for both temporary caregiver benefits and temporary disability benefits for the same

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purpose. Temporary caregiver benefits shall be limited to a maximum of eight (8) weeks per

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employee per benefit year. In addition, no individual shall be paid temporary caregiver benefits

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and temporary disability benefits which together exceed thirty (30) times his or her weekly

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benefit rate in any benefit year.

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     (c) Any employee who exercises his or her right to leave covered by temporary caregiver

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insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by

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the employer to the position held by the employee when the leave commenced, or to a position

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with equivalent seniority, status, employment benefits, pay, and other terms and conditions of

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employment including fringe benefits and service credits that the employee had been entitled to at

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the commencement of leave.

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     (d) During any caregiver leave taken pursuant to this chapter, the employer shall maintain

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any existing health benefits of the employee in force for the duration of the leave as if the

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employee had continued in employment continuously from the date he or she commenced the

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leave until the date the caregiver benefits terminate; provided, however, that the employee shall

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continue to pay any employee shares of the cost of health benefits as required prior to the

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commencement of the caregiver benefits

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     (e) No individual shall be entitled to waiting period credit or temporary caregiver benefits

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under this section for any week beginning prior to January 1, 2014.

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     28-41-36. Certification of eligibility for leave. – (a) An individual may file a certificate

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to establish medical eligibility of the serious health condition of the employee’s family member

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that warrants the care of the employee. Said certificate shall contain:

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     (1) A diagnosis and diagnostic code prescribed in the international classification of

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diseases, or where no diagnosis has yet been obtained, a detailed statement of symptoms;

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     (2) The date if known, on which the condition commenced;

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     (3) The probable duration of the condition;

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     (4) An estimate of the amount of time that the licensed qualified health care provider

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believes the employee is needed to care for the family member;

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     (5) A statement that the serious health condition warrants the participation of the

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employee to provide care for his or her family member. “Warrants the participation of the

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employee” includes, but is not limited to, providing psychological comfort, arranging third-party

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care for the family member as well as directly providing, or participating in the medical and

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physical care of the patient; and

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     (6) A certificate filed to establish medical eligibility of the serious health condition of the

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employee’s family member shall be made by the family member’s treating licensed qualified

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heath care provider. If the family member resides or is in care outside of Rhode Island, the

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treating licensed qualified health care provider must be duly licensed or certified by the state or

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foreign country in which the family member is receiving the care and treatment.

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     (b) Certification for eligibility for leave in the case of placement of a child for adoption

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shall contain a certification form developed by the department for an employee taking leave for

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reason of the birth of a child, or the placement of a child with the employee in connection with

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the adoption or foster care of the child by the employee.

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     (c) Contributions: The temporary caregiver insurance program will be funded solely

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through an employee contribution. The taxable rate will be in accordance with the employee

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contribution rate to the temporary disability insurance fund as determined under the provisions of

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section 28-40-1.

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     (d) The director of the department of labor and training shall have the following powers

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and duties:

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     (1) To promulgate regulations relative to the operation of the temporary caregiver

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insurance program;

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     (2) To create all necessary applications and certificates to fulfill the purposes of this

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section; and

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     (3) To disseminate information regarding the program to Rhode Island employers.

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     (e) The temporary caregiver insurance program shall be part of the temporary disability

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insurance fund. Unless otherwise specified to the contrary, all of the provisions of chapters 39

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through 41 of this title shall apply to the temporary caregiver insurance program.

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     (f) Misrepresentation with respect to benefits:

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     (1) An individual who has been convicted by a court of competent jurisdiction of

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knowingly or fraudulently making a false statement, or knowingly or fraudulently

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misrepresenting a material fact, with intent to defraud the temporary disability insurance fund of

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any benefit or wrongfully to obtain or increase any benefit, either for himself or herself or for any

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other person, shall be disqualified from receiving benefits for a period of one year following that

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conviction;

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     (2) If a physician or other qualified health care provider licensed by a foreign country is

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under investigation by the department for assisting in the filing of false claims and the department

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does not have the legal remedies to conduct a criminal investigation or prosecution in that

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country, the department may suspend the processing of all further certifications until the licensed

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qualified health care provider fully cooperates and continues to cooperate with the investigation.

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A qualified health care provider licensed by and practicing in a foreign country who has been

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convicted of filing false claims with the department shall be barred indefinitely from filing a

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certificate in support of a temporary disability insurance or temporary caregiver insurance claim

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in the state of Rhode Island.

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     SECTION 2. This act shall take effect upon passage.

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LC00173

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE

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     This act would establish within the state temporary disability insurance program, a

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temporary caregiver insurance program to provide benefits to workers who take time off for a

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seriously ill child, spouse, parent, domestic partner or to bond with a new child.

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     This act would take effect upon passage.

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LC00173

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