2019 -- H 5675

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LC001851

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- UNEMPLOYMENT BENEFITS AND

DOMESTIC ABUSE

     

     Introduced By: Representatives Lima, Costantino, Chippendale, Roberts, and Casey

     Date Introduced: February 27, 2019

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 28-44-17.1 of the General Laws in Chapter 28-44 entitled

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"Employment Security - Benefits" is hereby amended to read as follows:

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     28-44-17.1. Voluntary leaving as protection from domestic abuse.

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     (a) An individual shall be eligible for waiting period credit or benefits if that individual

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voluntarily leaves work due to circumstances directly resulting from domestic abuse, as defined

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in chapter 8.1 of title 8, and the individual:

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     (1) Reasonably fears future domestic abuse at or on route to or from the individual's place

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of employment;

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     (2) Wishes to relocate to another geographic area in order to avoid future domestic abuse

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against the individual or the individual's family; or

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     (3) Reasonably believes that leaving work is necessary for the future safety of the

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individual or the individual's family.

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     (b) When determining whether an individual has experienced domestic abuse for the

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purpose of employment benefits, the department of labor and training shall require that the

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individual provide documentation of domestic abuse, including, but not limited to, police or court

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records, or other documentation of domestic abuse from a shelter worker, attorney, member of the

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clergy, or medical or other professional from whom the individual has sought assistance.

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     The department of labor and training, upon receipt of a claim for unemployment

 

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compensation based upon § 28-44-17.1 shall give such claim priority, process the claim and pay

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the benefits to the individual within five (5) business days.

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     (c) The individual claiming benefits pursuant to this section shall not be subject to the

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provision of § 28-44-12 for a period of two (2) weeks subsequent to the filing of the claim.

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     (e) The department of labor and training may make a redetermination of whether an

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individual has experienced domestic abuse for the purpose of employment benefits, but not earlier

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than two (2) weeks after the date of the filing of the claim.

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     (f) The department of labor and training shall require that the individual provide

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documentation of domestic abuse but not earlier than two (2) weeks after the date of filing the

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claim.

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     (c)(g) All documentation of evidence shall be kept confidential unless consent for

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disclosure is given by the individual.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- UNEMPLOYMENT BENEFITS AND

DOMESTIC ABUSE

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     This act would expedite a victim of domestic abuse eligibility for and receipt of

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unemployment benefits by removing the waiting period and other impediments.

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     This act would take effect upon passage.

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