| Chapter 178 |
| 2021 -- H 6090 SUBSTITUTE A Enacted 07/06/2021 |
| A N A C T |
| RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- BENEFITS |
Introduced By: Representative Katherine S. Kazarian |
| Date Introduced: March 03, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 28-41-35 of the General Laws in Chapter 28-41 entitled "Temporary |
| Disability Insurance - Benefits" is hereby amended to read as follows: |
| 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 § 28-41-36(c)(1); or |
| (2) Caring for a child, a 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. 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 their 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 in a benefit year. |
| (e) In addition, no individual shall be paid temporary caregiver benefits and temporary |
| disability benefits which 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, 28-41 § 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 Family 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, 28-41 § 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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| LC002286/SUB A |
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