Chapter 443

2008 -- S 2406

Enacted 07/08/08

A N A C T

RELATING TO LABOR - TEMPORARY DISABILITY INSURANCE - BENEFITS

Introduced By: Senator David E. Bates

Date Introduced: February 12, 2008

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 28-41-9 and 28-41-12 of the General Laws in Chapter 28-41

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

28-41-9. Lag day benefits. -- (a) An individual who files a valid claim for benefits, and

whose waiting period ends on a day prior to the last day of any calendar week in which work is

ordinarily performed in the occupation in which he or she was last employed, shall, if otherwise

eligible, be entitled to an amount computed by multiplying one-fifth ( 1/5) of his or her weekly

benefit rate, figured to the highest dollar, by the number of days remaining in that calendar week;

provided, that benefit payments may be made only for those days of unemployment on which

work is ordinarily performed in the occupation in which he or she was last employed, including

any holiday when the performance of services is waived by his employer. No individual shall in

any case be entitled to more than four-fifths ( 4/5) of his benefit rate for that week, figured to the

highest dollar. If the individual performs services on any of those days and earns remuneration for

the work, then no benefits shall be paid to him or her for that day.

(b) (a) An individual who, having been unemployed due to sickness, has served a

waiting period, or is in receipt of benefits under this chapter, returns to work prior to the end of

the immediately succeeding week, shall be entitled to one-fifth ( 1/5) of his or her benefit rate for

each day of unemployment due to sickness in which work is ordinarily performed in the

occupation in which he or she is employed during the week in which he or she returns to work,

figured to the highest dollar, including any holiday when the performance of services is waived

by his or her employer; provided, that in no case shall any individual be entitled to more than

four-fifths ( 4/5) of his benefit rate, figured to the highest dollar, for that week.

(c) (b) An individual who, having been unemployed due to sickness, served a waiting

period and, at a later date during his or her benefit year, again becomes unemployed due to

sickness, and refiles his or her claim for benefits, shall, if his or her first day of unemployment

begins on a day subsequent to the first day of any week, be entitled to one-fifth ( 1/5) of his or her

benefit rate for each day in that week in which work is ordinarily performed in the occupation in

which he or she was last employed, including any holiday when the performance of services is

waived by his or her employer, figured to the highest dollar, if his or her unemployment continues

for seven (7) consecutive calendar days, including the first day of unemployment due to sickness

for which he or she has refiled his or her claim. In no case shall any individual be entitled to more

than four-fifths ( 4/5) of his or her benefit rate, figured to the highest dollar, for the week in which

his or her unemployment begins on a day subsequent to the first day of that week.

28-41-12. Waiting period. -- (a) For benefit years beginning on or after July 6, 2008 The

the waiting period of any individual shall be either: (1) seven (7) consecutive days commencing

with the Sunday of the week in which the claimant filed a claim for benefits, during which that

individual is unemployed due to sickness and during which the individual earned remuneration in

an amount less than his or her weekly benefit rate for work performed during that week prior to

his or her unemployment due to sickness; or

(2) Seven (7) consecutive days, commencing with the Sunday of the week following the

week in which the individual filed a claim for benefits, during which the individual is

unemployed due to sickness and the individual earned remuneration in an amount greater than or

equal to his or her weekly benefit rate for work performed during that week prior to filing a claim

for benefits.

      (b) No waiting period shall be credited to any individual unless he or she has filed a valid

claim in accordance with regulations adopted as prescribed in this title.

      (c) Benefits shall be payable to an eligible individual only for those weeks of his or her

unemployment due to sickness within a benefit year which occur subsequent to one waiting

period, which shall be served at any time during the benefit year. However, if a new benefit year

immediately succeeds his or her previous benefit year, the waiting period for that new benefit

year may begin on any day within the seven-day period immediately preceding the first day of his

or her new benefit year. If the first week of an individual's unemployment due to sickness which

occurs within his or her new benefit year is immediately preceded by a week for which he or she

is in receipt of benefits (including lag day payments as provided in section 28-41-9) for total or

partial unemployment due to sickness under chapters 39-41 of this title, or under similar federal

provisions, he or she shall not be required to serve a waiting period for that new benefit year.

      (d) Except as provided in subsection (c), no period of unemployment due to sickness

shall be counted towards an individual's required waiting period if with respect to any portion of

that period of unemployment due to sickness, benefits have been paid under the employment

security or temporary disability insurance acts of any other state or of any similar acts of the

United States or of any foreign government.

      (e) If an individual is unemployed due to sickness for the seven (7) consecutive days, as

provided for in subsection (a), and his or her sickness continues for at least an additional twenty-

one (21) consecutive days, he or she shall be eligible to receive benefits for the waiting period of

seven (7) consecutive days.

     SECTION 2. This act shall take effect on July 6, 2008.

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LC01729

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