Labor and Labor Relations

Temporary Disability Insurance – Benefits

SECTION 28-41-34

§ 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 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, 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 15-3.1.

(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 15-3.

(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 through 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 health care facility, or continued treatment or continuing supervision by a licensed health care 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.

History of Section.
(P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.)