2019 -- S 0643

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LC001208

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

____________

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE

     Introduced By: Senators Goldin, Miller, Satchell, Valverde, and Lawson

     Date Introduced: March 21, 2019

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-39-2 and 28-39-26 of the General Laws in Chapter 28-39

entitled "Temporary Disability Insurance - General Provisions" are hereby amended to read as

follows:

     28-39-2. Definitions.

     The following words and phrases, as used in chapters 39 -- through 41 of this title, have

the following meanings unless the context clearly requires otherwise:

     (1) "Average weekly wage" means the amount determined by dividing the individual's

total wages earned for services performed in employment within his or her base period by the

number of that individual's credit weeks within the base period;

     (2) "Base period" with respect to an individual's benefit year when the benefit year begins

on or after October 7, 1990, means the first four (4) of the most recently completed five (5)

calendar quarters immediately preceding the first day of an individual's benefit year; provided,

that for any individual's benefit year when the benefit year begins on or after October 4, 1992,

and for any individual deemed monetarily ineligible for benefits under the "base period" as

defined in this subdivision, the department shall make a re-determination of entitlement based

upon an alternate base period which consists of the last four (4) completed calendar quarters

immediately preceding the first day of the claimant's benefit year. Notwithstanding anything

contained to the contrary in this subdivision, the base period shall not include any calendar

quarter previously used to establish a valid claim for benefits; provided, however, that the "base

period" with respect to members of the United States military service, the Rhode Island National

Guard, or a United States military reserve force, and who served in a United States declared

combat operation during their military service, who file a claim for benefits following their

release from their state or federal active military service and who are deemed to be monetarily

ineligible for benefits under this section, shall mean the first four (4) of the most recently

completed five (5) calendar quarters immediately preceding the first day the individual was called

into that state or federal active military service; provided, that for any individual deemed

monetarily ineligible for benefits under the "base period" as defined in this section, the

department shall make a re-determination of entitlement based upon an alternative base period

which consists of the last four (4) completed calendar quarters immediately preceding the first

day the claimant was called into that state or federal active military service. Notwithstanding any

provision of this section of the general or public laws to the contrary, the base period shall not

include any calendar quarter previously used to establish a valid claim for benefits;

     (3) "Benefit" means the money payable, as provided in chapters 39 -- through 41 of this

title, to an individual as compensation for his or her unemployment caused by sickness or reasons

allowed under this title;

     (4) "Benefit credits" means the total amount of money payable to an individual as

benefits, as provided in § 28-41-7;

     (5) "Benefit rate" means the money payable to an individual as compensation, as

provided in chapters 39 -- through 41 of this title, for his or her wage losses with respect to any

week during which his or her unemployment is caused by sickness or reasons allowed under this

title;

     (6) "Benefit year" with respect to any individual who does not already have a benefit year

in effect, and who files a valid claim for benefits as of November 16, 1958 or any later date,

means fifty-two (52) consecutive calendar weeks, the first of which shall be the week containing

the day as of which he or she first files that valid claim in accordance with regulations adopted as

subsequently prescribed; provided, that for any benefit year beginning on or after October 7,

1990, the benefit year shall be fifty-three (53) consecutive calendar weeks if the subsequent filing

of a new valid claim immediately following the end of a previous benefit year would result in the

overlapping of any quarter of the base period of the prior new claim. In no event shall a new

benefit year begin prior to the Sunday next following the end of the old benefit year;

     (i) For benefit years that begin on or after July 1, 2012, an individual's benefit year will

begin on the Sunday of the calendar week in which an individual first became unemployed due to

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sickness and for which the individual has filed a valid claim for benefits;

     (7) "Board" means the board of review as created under chapter 19 of title 42;

     (8) "Calendar quarter" has the same definition as contained in chapter 42 of this title;

     (9) "Credit week" means any week within an individual's base period in which that

individual earns wages amounting to at least twenty (20) times the minimum hourly wage as

defined in chapter 12 of this title, for performing services in employment for one or more

employers subject to chapters 39 -- through 41 of this title;

     (10) "Director" means the director of the department of labor and training;

     (11) "Employee" means any person who is or has been employed by an employer subject

to chapters 39 -- through 41 of this title and in employment subject to those chapters or who is a

self-employed individual who has elected to become subject to the provisions of chapter 39

through 41 of this title;

     (12) "Employer" means any employing unit that is an employer under chapters 42 --

through 44 of this title;

     (13) "Employing unit" has the same definition as contained in chapter 42 of this title and

includes any governmental entity or self-employed individual that elects to become subject to the

provisions of chapters 39 -- through 41 of this title, in accordance with the provisions of §§ 28-

39-3.1 and 28-39-3.2;

     (14) "Employment" has the same definition as contained in chapter 42 of this title;

     (15) "Employment office" has the same definition as contained in chapter 42 of this title;

     (16) "Fund" means the Rhode Island temporary disability insurance fund established by

this chapter;

     (17) "Partial unemployment due to sickness". For weeks beginning on or after January 1,

2006 an individual shall be deemed partially unemployed due to sickness in any week of less than

full-time work if he or she fails to earn in wages for services for that week an amount equal to the

weekly benefit rate for total unemployment due to sickness to which he or she would be entitled

if totally unemployed due to sickness and eligible.

     (i) For the purposes of this subdivision and subdivision (22) of this section, "Wages"

includes only that part of remuneration for any work, which is in excess of one-fifth (1/5) of the

weekly benefit rate for total unemployment, rounded to the next lower multiple of one dollar

($1.00), to which the individual would be entitled if totally unemployed and eligible in any one

week, and "services" includes only that part of any work for which remuneration in excess of

one-fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower

multiple of one dollar ($1.00), to which the individual would be entitled if totally unemployed

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and eligible in any one week is payable; provided, that nothing contained in this paragraph shall

permit any individual to whom remuneration is payable for any work performed in any week in

an amount equal to, or greater than, his or her weekly benefit rate to receive benefits under this

subdivision for that week.

     (18) "Reserve fund" means the temporary disability insurance reserve fund established by

§ 28-39-7;

     (19) "Services" means all endeavors undertaken by an individual that are paid for by

another or with respect to which the individual performing the services expects to receive wages

or profits;

     (20) "Sickness". An individual shall be deemed to be sick in any week in which, because

of his or her physical or mental condition, including pregnancy, he or she is unemployed and

unable to perform his or her regular or customary work or services;

     (21)(i) "Taxes" means the money payments required by chapters 39 -- through 41 of this

title, to be made to the temporary disability insurance fund or to the temporary disability

insurance reserve fund.

     (ii) Wherever and whenever in chapters 39 -- through 41 of this title, the words

"contribution" and/or "contributions" appear, those words shall be construed to mean the "taxes,"

as defined in this subdivision, which are the money payments required by those chapters to be

made to the temporary disability insurance fund or to the temporary disability insurance reserve

fund;

     (22) "Wages" has the same definition as contained in chapter 42 of this title; provided,

that no individual shall be denied benefits under chapters 39 -- through 41 of this title because his

or her employer continues to pay to that individual his or her regular wages, or parts of them,

while he or she is unemployed due to sickness and unable to perform his or her regular or

customary work or services. The amount of any payments, whether or not under a plan or system,

made to or on behalf of an employee by his or her employer after the expiration of six (6)

calendar months following the last calendar month in which the employee performed actual bona

fide personal services for his or her employer, shall not be deemed to be wages either for the

purpose of paying contributions thereon under chapter 40 of this title, or for the purpose of being

used as a basis for paying benefits under chapter 41 of this title; and

     (23) "Week" has the same definition as contained in chapter 42 of this title.

     28-39-26. Pecuniary penalty for failure to make contributions or reports.

     An employer or self-employed individual who elects to be covered by this chapter who

fails to file any report required under chapters 39 -- through 41 of this title, or who fails or refuses

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to pay any contributions required under those chapters in the manner and at the times required by

the laws and regulations or as the director may, in accordance with those laws and regulations,

prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or refusal to file, and where

any contribution is due, shall pay an additional penalty of ten percent (10%) of the amount due.

These penalties shall be paid into the temporary disability insurance reserve fund, and shall be in

addition to contributions and interest required to be paid as provided in chapters 39 -- through 41;

provided, that if any employer or self-employed individual who elects to be covered by this

chapter fails to pay the penalty, when assessed, it shall be collected by civil action as provided in

§ 28-40-12.

     SECTION 2. Chapter 28-39 of the General Laws entitled "Temporary Disability

Insurance - General Provisions" is hereby amended by adding thereto the following section:

     28-39-3.5. Non-covered Rhode Island residents eligible by election.

     (a) Notwithstanding any inconsistent provisions of chapters 39 through 41 of this title,

any self-employed Rhode Island resident may become subject to those chapters by filing an

enrollment form with the department in accordance with the rules and regulations established by

the department for enrollment. Notwithstanding any other provisions of chapters 39 through 41 of

this title to the contrary, self-employed Rhode Island residents that do not have otherwise

qualifying wages from prior employment within the base period will not be eligible for benefits

under those chapters until the completion of twelve (12) months of contributions have been made

for participation in the program as described in § 28-40-1. Except as otherwise provided in this

title, all other provisions of these chapters shall continue to be applicable in connection with the

employment.

     (b) Any self-employed Rhode Island resident who fails to meet the quarterly reporting

requirements or make the required quarterly contributions in a timely manner shall be ineligible

to receive benefits under chapters 39 through 41 of this title until such time as that person has

satisfied any outstanding payments in this regard.

     SECTION 3. Sections 28-40-1 and 28-40-9 of the General Laws in Chapter 28-40

entitled "Temporary Disability Insurance - Contributions" are hereby amended to read as follows:

     28-40-1. Amount of employee contributions -- Wages on which based.

     (a) The For each calendar year prior to 2020, the taxable wage base under this chapter for

each calendar year shall be equal to the greater of thirty-eight thousand dollars ($38,000) or the

annual earnings needed by an individual to qualify for the maximum weekly benefit amount and

the maximum duration under chapters 39 -- through 41 of this title. That taxable wage base shall

be computed as follows: Every September 30, the maximum weekly benefit amount in effect as

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of that date shall be multiplied by thirty (30) and the resultant product shall be divided by thirty-

six hundredths (.36). If the result thus obtained is not an even multiple of one hundred dollars

($100), it shall be rounded upward to the next higher even multiple of one hundred dollars ($100).

That taxable wage base shall be effective for the calendar year beginning on the next January 1.

     (a) Notwithstanding any inconsistent provisions of chapters 39 through 41 of this title,

any self-employed Rhode Island resident may become subject to those chapters by filing an

enrollment form with the department in accordance with the rules and regulations established by

the department for enrollment. Notwithstanding any other provisions of chapters 39 through 41 of

this title to the contrary, self-employed Rhode Island residents that do not have otherwise

qualifying wages from prior employment within the base period will not be eligible for benefits

under those chapters until the completion of twelve (12) months of contributions have been made

for participation in the program as described in § 28-40-1. Except as otherwise provided in this

title, all other provisions of these chapters shall continue to be applicable in connection with the

employment.

     (b) Any self-employed Rhode Island resident who fails to meet the quarterly reporting

requirements or make the required quarterly contributions in a timely manner shall be ineligible

to receive benefits under chapters 39 through 41 of this title until such time as that person has

satisfied any outstanding payments in this regard.

     (b) Each employee shall contribute with respect to employment after the date upon which

the employer becomes subject to chapters 39 -- through 41 of this title, an amount equal to the

fund cost rate times the wages paid by the employer to the employee up to the taxable wage base

as defined and computed in subsection (a) of this section. The employee contribution rate for the

following calendar year shall be determined by computing the fund cost rate on or before

November 15 of each year as follows:

     (1) The total amount of disbursements made from the fund for the twelve (12) month

period ending on the immediately preceding September 30 shall be divided by the total taxable

wages paid by employers during the twelve (12) month period ending on the immediately

preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the

resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded

down to the next lowest multiple of one-tenth of one percent (0.1%);

     (2) If the fund balance as of the preceding September 30 is less than the total

disbursements from the fund for the six (6) month period ending on that September 30, that

difference shall be added to the total disbursements for the twelve (12) month period ending

September 30 for the purpose of computing the fund cost rate, and if the resulting fund cost rate is

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not an exact multiple of one-tenth of one percent (0.1%) it shall be rounded to the nearest

multiple of one-tenth of one percent (0.1%).

     28-40-9. Interest on delinquent payments.

     Employers or self-employed Rhode Island residents who fail to make payment of

contributions, as required by chapters 39 -- through 41 of this title, or by the prescribed rules and

regulations, shall be additionally liable to the temporary disability insurance reserve fund for

interest on those delinquent payments at the rate of one and one-half percent (1 1/2%) per month

from the date the payment became due until paid.

     SECTION 4. Sections 28-41-2, 28-41-5, 28-41-34 and 28-41-35 of the General Laws in

Chapter 28-41 entitled "Temporary Disability Insurance - Benefits" are hereby amended to read

as follows:

     28-41-2. Wages included for benefit purposes.

     Notwithstanding any provisions of chapters 39 -- through 41 of this title to the contrary:,

"wages"

     (1) "Wages" as used in the phrase "wages for employment from employers" means, with

reference to the benefits provisions of chapters 39 -- through 41 of this title, only those wages

which are paid subsequent to the date upon which the employing unit, by whom those wages

were paid, has satisfied the conditions of § 28-39-2 (12) with respect to becoming an employer

subject to those chapters. No individual shall be denied benefits under chapters 39 -- through 41

of this title because his or her employer continued to pay to that individual his or her regular

wages, or parts of them, while he or she was sick and unable to perform his or her regular or

customary work or services.

     (2) With respect to self-employed Rhode Island residents with "wages" earned through

their self-employment, those wages shall be considered wages for determining benefits under

chapters 39 through 41 of this title if the individual has applied for coverage under the temporary

disability insurance program in accordance with the provisions of § 28-39-3.5.

     (3) The amount of any payments, whether or not under a plan or system, made to or on

behalf of an employee by his or her employer after the expiration of six (6) calendar months

following the last calendar month in which the employee performed actual bona fide personal

services for that employer, shall not be deemed to be wages for the purpose of being used as a

basis for paying benefits under chapter 41 of this title.

     28-41-5. Weekly benefit rate -- Dependents' allowances.

     (a)(1) Benefit rate. The benefit rate payable under this chapter to any eligible individual

with respect to any week of his or her unemployment due to sickness reasons allowed under this

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chapter, when that week occurs within a benefit year, shall be, computed as follows: for benefit

years beginning on or after October 7, 1990, four and sixty-two hundredths percent (4.62%) of

the wages paid to the individual in that calendar quarter of the base period in which the

individual's wages were highest; for benefit years beginning on or after January 1, 2020, five

percent (5%) of the wages paid to the individual in that calendar quarter of the base period in

which the individual's wages were highest; for benefit years beginning on or after January 1,

2021, five and thirty-eight hundredths percent (5.38%) of the wages paid to the individual in that

calendar quarter of the base period in which the individual's wages were highest; for benefit years

beginning on or after January 1, 2022, five and seventy-seven hundredths percent (5.77%) of the

wages paid to the individual in that calendar quarter of the base period in which the individual's

wages were highest; provided, however, that the benefit rate shall not exceed eighty-five percent

(85%) of the average weekly wage paid to individuals covered by chapters 42 -- 44 of this title for

the preceding calendar year ending December 31. If the maximum weekly benefit rate is not an

exact multiple of one dollar ($1.00) then the rate shall be raised to the next higher multiple of one

dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit years

beginning on or after July 1 of the year prior to July of the succeeding calendar year.

     (2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

be raised to the next higher multiple of one dollar ($1.00).

     (b) Dependents' allowances. An individual to whom benefits for unemployment due to

sickness reasons allowed under this chapter are payable under this chapter with respect to any

week, shall, in addition to those benefits, be paid with respect to each week a dependent's

allowance of ten dollars ($10.00) or seven percent (7%), of the individual's benefit rate, payable

under subsection (a) of this section, whichever is greater for each of that individual's children,

including adopted and stepchildren or that individual's court appointed wards who, at the

beginning of the individual's benefit year, is under eighteen (18) years of age and who is at that

time in fact dependent on that individual. A dependent's allowance shall also be paid to that

individual for any child, including an adopted child or a stepchild or that individual's court

appointed ward, eighteen (18) years of age or over, incapable of earning any wages because of

mental or physical incapacity, and who is dependent on that individual in fact at the beginning of

the individual's benefit year, including individuals who have been appointed the legal guardian of

that child by the appropriate court. However, in no instance shall the number of dependents for

which an individual may receive dependents' allowances exceed five (5) in total and in no

instance shall the individual’s weekly benefit amount including both the benefit rate and

dependent’s allowance exceed that individual’s average weekly wage in the base period. The

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weekly total of dependents' allowances payable to any individual, if not an exact multiple of one

dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00). The number of

an individual's dependents, and the fact of their dependency, shall be determined as of the

beginning of that individual's benefit year; provided, that only one individual shall be entitled to a

dependent's allowance for the same dependent with respect to any week. Each individual who

claims a dependent's allowance shall establish his or her claim to it to the satisfaction of the

director under procedures established by the director.

     (c) Any individual's benefit rate and/or dependents' allowance in effect for a benefit year

shall continue in effect until the end of that benefit year.

     (d) Partial unemployment due to sickness reasons allowed under this chapter. For weeks

beginning on or after January 1, 2006, an individual partially unemployed due to sickness reasons

allowed under this chapter and otherwise eligible in any week shall be paid sufficient benefits

with respect to that week, so that his or her wages, rounded to the next higher multiple of one

dollar ($1.00), and his or her benefits combined will equal in amount the weekly benefit rate to

which he or she would be entitled if totally unemployed due to sickness reasons allowed under

this chapter in that week; provided that an individual must have been totally unemployed due to

sickness reasons allowed under this chapter for at least seven (7) consecutive days prior to

claiming partial benefits under this provision; provided, that this provision shall not apply if the

individual is entitled to lag day benefits pursuant to § 28-41-9; provided, further, that nothing

contained herein shall permit any individual to whom remuneration is payable for any work

performed in any week in an amount equal to or greater than his or her weekly benefit rate to

receive benefits or waiting period credit for that week.

     28-41-34. Temporary caregiver insurance.

     The purpose of this chapter is to establish, within the state temporary disability insurance

program, a temporary caregiver insurance program to provide wage replacement benefits in

accordance with the provisions of this chapter, to workers who take time off work to care for a

seriously ill child, spouse, domestic partner, sibling, parent, parent-in-law, grandparent,

grandchild, care recipient or to bond with a new child.

     Definitions as used in this chapter:

     (1) "Adopted child" means a child adopted by, or placed for adoption with, the employee.

     (2) "Bonding" or "bond" means to develop a psychological and emotional attachment

between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve

being in one another's physical presence.

     (3) "Care recipient" means a person for whom the employee is responsible for providing

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or arranging health or safety-related care, including, but not limited to, helping the person obtain

diagnostic, preventive, routine, or therapeutic health treatment.

     (1)(4) "Child" means a biological, adopted, or foster son or daughter, a stepson or

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

employee who stands in loco parentis to that child.

     (5) "Department" means the department of labor and training.

     (6) "Domestic partner" means a party to a civil union as defined by chapter 3.1 of title 15.

     (7) "Employee" means any person who is or has been employed by an employer subject

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

     (8) “Grandchild” means the child of the employee’s child.

     (9) "Grandparent" means a parent of the employee's parent.

     (2)(10) "Newborn child" means a child under one year of age.

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

     (4) "Bonding or bond" means to develop a psychological and emotional attachment

between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve

being in one another's physical presence.

     (5)(11) "Parent" means a biological, foster, or adoptive parent, a stepparent, a legal

guardian, or other person who stands in loco parentis to the employee or the employee's spouse or

domestic partner when he/she was a child.

     (12) "Parent-in-law" means the parent of the employee's spouse or domestic partner.

     (13) "Persons who stand in loco parentis" means those with day-to-day responsibilities to

care for and financially support a child or, in the case of an employee, who had such

responsibility for the employee when the employee was a child. A biological or legal relationship

shall not be required.

     (14) "Serious health condition" means any illness, injury, impairment, or physical or

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

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

     (15) “Sibling” means a brother or sister, whether related through half blood, whole blood

or adoption, a foster sibling or a step sibling.

     (6) "Domestic partner" means a party to a civil union as defined by chapter 15-3.1.

     (7)(16) "Spouse" means a party in a common law marriage, a party in a marriage

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

3.

     (8) "Grandparent" means a parent of the employee's parent.

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     (9) "Parent-in-law" means the parent of the employee's spouse or domestic partner.

     (10) "Employee" means any person who is or has been employed by an employer subject

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

     (11) "Serious health condition" means any illness, injury, impairment, or physical or

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

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

     (12) "Department" means the department of labor and training.

     (13) "Persons who stand in loco parentis" means those with day-to-day responsibilities to

care for and financially support a child or, in the case of an employee, who had such

responsibility for the employee when the employee was a child. A biological or legal relationship

shall not be required.

     28-41-35. Benefits.

     (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for

temporary caregiver benefits for any week in which he or she is unable to perform his or her

regular and customary work because he or she is:

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

the employee or domestic partner in accordance with the provisions of subdivision 28-41-

36(c)(1); or

     (2) Caring for a child, grandchild, a parent, parent-in-law, grandparent, sibling, care

recipient, spouse, or domestic partner, who has a serious health condition, subject to a waiting

period in accordance with the provisions of § 28-41-12. Employees may use accrued sick time

during eligibility waiting period in accordance with the policy of the individual's employer.

     (b) Temporary caregiver benefits shall be available only to the employee exercising his or

her right to leave while covered by the temporary caregiver insurance program. An employee

shall file a written intent with their employer, in accordance with rules and regulations

promulgated by the department, with a minimum of thirty (30) days notice prior to

commencement of the family leave. Failure by the employee to provide the written intent may

result in delay or reduction in the claimant's benefits, except in the event the time of the leave is

unforeseeable or the time of the leave changes for unforeseeable circumstances.

     (c) Employees cannot file for both temporary caregiver benefits and temporary disability

benefits for the same purpose, concurrently, in accordance with all provisions of this act and

chapters 39- through 41.

     (d) Temporary caregiver benefits may be available to any individual exercising his or her

right to leave while covered by the temporary caregiver insurance program, commencing on or

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after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance

with chapters 39- through 41. The benefits for the temporary caregiver program shall be payable

with respect to the first day of leave taken after the waiting period and each subsequent day of

leave during that period of family temporary disability leave. Benefits shall be in accordance with

the following:

     (1) Beginning January 1, 2014 temporary caregiver benefits shall be limited to a

maximum of four (4) weeks in a benefit year Beginning January 1, 2020 temporary caregiver

benefits shall be limited to a maximum of six (6) weeks in a benefit year. Beginning January 1,

2021 temporary caregiver benefits shall be limited to a maximum of eight (8) weeks in a benefit

year;

     (e) In addition, no individual shall be paid temporary caregiver benefits and temporary

disability benefits which together exceed thirty (30) times his or her weekly benefit rate in any

benefit year the total amount of benefits payable in accordance with the provisions outlined in §

38-41-7.

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

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

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

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

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

the commencement of leave.

     (1) Any employee aggrieved by a violation of this subsection shall be entitled to file a

complaint with the department of labor and training.

     (2) The director shall have the same powers and duties as set forth in chapters 12 and 14

of title 28 to investigate, inspect, subpoena and enforce through administrative hearings,

complaints that allege a violation of this subsection.

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

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

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

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

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

commencement of the caregiver benefits.

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

under this section for any week beginning prior to January 1, 2014. An employer may require an

employee who is entitled to leave under the federal Family and Medical Leave Act, PL 103-3

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and/or the Rhode Island Parental and Family Medical Leave Act, 28-41 et seq., who exercises his

or her right to benefits under the temporary caregiver insurance program under this chapter, to

take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to the

federal Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical

Leave Act.

     (i) Temporary caregiver benefits shall be in accordance with federal Family and Medical

Leave Act (FMLA) P.L. 103-3 and Rhode Island Family Parental and Family Leave Act in

accordance with § 28-48-1, et seq. An employer may require an employee who is entitled to leave

under the federal Family and Medical Leave Act, PL 103-3 and/or the Rhode Island Parental and

Family Medical Leave Act, 28-41 et seq., who exercises his or her right to benefits under the

temporary caregiver insurance program under this chapter, to take any temporary caregiver

benefits received, concurrently, with any leave taken pursuant to the federal Family and Medical

Leave Act and/or the Rhode Island Parental and Family Medical Leave Act.

     SECTION 5. This act shall take effect on January 1, 2020.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY

INSURANCE

***

     This act would increase the taxable wage base on which employees make contributions to

the TDI and TCI fund, expand the individuals eligible for the temporary caregiver program to

include independent contractors, change the wage replacement formula to increase individual

benefit rates, include sibling and grandchild in the coverage for temporary caregiver benefits,

increase the maximum temporary caregiver weeks, and institute fines and penalties for not

reinstating an employee to work if they use the program.

     This act would take effect on January 1, 2020.

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