2020 -- S 2831 | |
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LC003645 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY | |
INSURANCE BENEFITS | |
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Introduced By: Senator Erin Lynch Prata | |
Date Introduced: March 12, 2020 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-41-35 of the General Laws in Chapter 28-41 entitled |
2 | "Temporary Disability Insurance - Benefits" is hereby amended to read as follows: |
3 | 28-41-35. Benefits. |
4 | (a) Subject to the conditions set forth in this chapter, an employee shall be eligible for |
5 | temporary caregiver benefits for any week in which he or she is unable to perform his or her |
6 | regular and customary work because he or she is: |
7 | (1) Bonding with a newborn child or a child newly placed for adoption or foster care with |
8 | the employee or domestic partner in accordance with the provisions of subdivision 28-41- |
9 | 36(c)(1); or |
10 | (2) Caring for a child, a parent, parent-in-law, grandparent, spouse, or domestic partner, |
11 | who has a serious health condition, subject to a waiting period in accordance with the provisions |
12 | of § 28-41-12. Employees may use accrued sick time during eligibility waiting period in |
13 | accordance with the policy of the individual's employer. |
14 | (b) Temporary caregiver benefits shall be available only to the employee exercising his or |
15 | her right to leave while covered by the temporary caregiver insurance program. An employee |
16 | shall file a written intent with their employer, in accordance with rules and regulations |
17 | promulgated by the department, with a minimum of thirty (30) days notice prior to |
18 | commencement of the family leave. Failure by the employee to provide the written intent may |
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1 | result in delay or reduction in the claimant's benefits, except in the event the time of the leave is |
2 | unforeseeable or the time of the leave changes for unforeseeable circumstances. |
3 | (c) Employees cannot file for both temporary caregiver benefits and temporary disability |
4 | benefits for the same purpose, concurrently, in accordance with all provisions of this act and |
5 | chapters 39-41. |
6 | (d) Temporary caregiver benefits may be available to any individual exercising his or her |
7 | right to leave while covered by the temporary caregiver insurance program, commencing on or |
8 | after January 1, 2014, which shall not exceed the individual's maximum benefits in accordance |
9 | with chapters 39-41. The benefits for the temporary caregiver program shall be payable with |
10 | respect to the first day of leave taken after the waiting period and each subsequent day of leave |
11 | during that period of family temporary disability leave. Benefits shall be in accordance with the |
12 | following: |
13 | (1) Beginning January 1, 2014 temporary caregiver benefits shall be limited to a |
14 | maximum of four (4) weeks in a benefit year; |
15 | (2) Beginning January 1, 2021 temporary caregiver benefits shall be limited to a |
16 | maximum of six (6) weeks in a benefit year; |
17 | (3) Beginning January 1, 2022 temporary caregiver benefits shall be limited to a |
18 | maximum of eight (8) weeks in a benefit year; |
19 | (e) In addition, no individual shall be paid temporary caregiver benefits and temporary |
20 | disability benefits which together exceed thirty (30) times his or her weekly benefit rate in any |
21 | benefit year. |
22 | (f) Any employee who exercises his or her right to leave covered by temporary caregiver |
23 | insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by |
24 | the employer to the position held by the employee when the leave commenced, or to a position |
25 | with equivalent seniority, status, employment benefits, pay, and other terms and conditions of |
26 | employment including fringe benefits and service credits that the employee had been entitled to at |
27 | the commencement of leave. |
28 | (g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain |
29 | any existing health benefits of the employee in force for the duration of the leave as if the |
30 | employee had continued in employment continuously from the date he or she commenced the |
31 | leave until the date the caregiver benefits terminate; provided, however, that the employee shall |
32 | continue to pay any employee shares of the cost of health benefits as required prior to the |
33 | commencement of the caregiver benefits. |
34 | (h) No individual shall be entitled to waiting period credit or temporary caregiver benefits |
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1 | under this section for any week beginning prior to January 1, 2014. An employer may require an |
2 | employee who is entitled to leave under the federal Family and Medical Leave Act, PL 103-3 |
3 | and/or the Rhode Island Parental and Family Medical Leave Act, 28-41 et seq., who exercises his |
4 | or her right to benefits under the temporary caregiver insurance program under this chapter, to |
5 | take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to the |
6 | federal Family and Medical Leave Act and/or the Rhode Island Parental and Family Medical |
7 | Leave Act. |
8 | (i) Temporary caregiver benefits shall be in accordance with federal Family and Medical |
9 | Leave Act (FMLA) P.L. 103-3 and Rhode Island Family Parental and Family Leave Act in |
10 | accordance with § 28-48-1, et seq. An employer may require an employee who is entitled to leave |
11 | under the federal Family and Medical Leave Act, PL 103-3 and/or the Rhode Island Parental and |
12 | Family Medical Leave Act, 28-41 et seq., who exercises his or her right to benefits under the |
13 | temporary caregiver insurance program under this chapter, to take any temporary caregiver |
14 | benefits received, concurrently, with any leave taken pursuant to the federal Family and Medical |
15 | Leave Act and/or the Rhode Island Parental and Family Medical Leave Act. |
16 | SECTION 2. This act shall take effect upon passage. |
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LC003645 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY | |
INSURANCE BENEFITS | |
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1 | This act would increase temporary caregiver benefits to six (6) weeks in a benefit year |
2 | starting January 1, 2021 and would further increase temporary caregiver benefits to eight (8) |
3 | weeks in a benefit year starting January 1, 2022. |
4 | This act would take effect upon passage. |
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