2019 -- S 0790

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LC001823

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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: Senator Erin Lynch Prata

     Date Introduced: April 04, 2019

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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

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

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

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

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

in chapter 8.1 of title 8, and the individual:

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

of employment;

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

against the individual or the individual's family; or

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

individual or the individual's family.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

claim.

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

disclosure is given by the individual.

     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

unemployment benefits by removing the waiting period and other impediments.

     This act would take effect upon passage.

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