2022 -- H 7551

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LC004813

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS - TEMPORARY DISABILITY

INSURANCE - BENEFITS

     Introduced By: Representatives Kazarian, Cassar, Casimiro, Alzate, Solomon, Amore,
Henries, Giraldo, Barros, and Messier

     Date Introduced: February 18, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 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:

     28-41-5. 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, when that week occurs within

a benefit year, shall be, 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; 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 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) twenty dollars

($20.00) 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. The 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. For weeks beginning on or after January 1, 2006,

an individual partially unemployed due to sickness 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 in that week;

provided that an individual must have been totally unemployed due to sickness 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

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

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

or to bond with a new child.

     Definitions as used in this chapter:

     (1) "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.

     (2) "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) "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.

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

     (7) "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 3 of title 15.

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

     (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 -- 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 healthcare facility, or

continued treatment or continuing supervision by a licensed healthcare 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.

     (14) "Grandchild" means the child of the employee's child.

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

or adoption, a foster sibling or a stepsibling.

     28-41-35. Benefits.

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     (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 § 28-41-36(c)(1); or

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

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

28-41-12 [repealed]. Employees may use accrued sick time during the 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 his or her 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 -- 41 of this title.

     (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

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

chapters 39 -- 41 of this title. 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;

     (2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum

of five (5) weeks in a benefit year;

     (3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum

of six (6) weeks eight (8) weeks in a benefit year.

     (4) Beginning January 1, 2024, temporary caregiver benefits shall be limited to a maximum

of ten (10) weeks in a benefit year.

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

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

year.

     (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.

     (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, Pub. L. No.

103-3 and/or the Rhode Island Parental and Family Medical Leave Act, § 28-48-1 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 the federal Family and

Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island Parental and Family Medical

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, Pub. L. No. 103-3 and/or the

Rhode Island Parental and Family Medical Leave Act, § 28-48-1 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 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 - TEMPORARY DISABILITY

INSURANCE - BENEFITS

***

     This act would increase the weekly dependency allowances for workers receiving

temporary disability insurance benefits, from ten dollars ($10.00) to twenty dollars ($20.00). It

would add "grandchild" and "sibling" to the list of members eligible to receive state temporary

disability insurance benefits and temporary caregiver benefits. Finally, it would increase the

maximum weeks that temporary caregivers benefits may be given from six (6) weeks to eight (8)

weeks in 2023 and to ten (10) weeks in 2024.

     This act would take effect upon passage.

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