§ 28-39-2. Definitions.
The following words and phrases, as used in chapters 39 — 41 of this title, have the
following meanings unless the context clearly requires otherwise:
(1) "Average weekly wage� means the amount determined by dividing the individual's total
wages earned for services performed in employment within his or her base period by
the number of that individual's credit weeks within the base period.
(2) "Base period� with respect to an individual's benefit year when the benefit year begins
on or after October 7, 1990, means the first four (4) of the most recently completed
five (5) calendar quarters immediately preceding the first day of an individual's
benefit year; provided, that for any individual's benefit year when the benefit year
begins on or after October 4, 1992, and for any individual deemed monetarily ineligible
for benefits under the "base period� as defined in this subdivision, the department
shall make a re-determination of entitlement based upon an alternate base period that
consists of the last four (4) completed calendar quarters immediately preceding the
first day of the claimant's benefit year. Notwithstanding anything contained to the
contrary in this subdivision, the base period shall not include any calendar quarter
previously used to establish a valid claim for benefits; provided, however, that the
"base period� with respect to members of the United States military service, the Rhode
Island National Guard, or a United States military reserve force, and who served in
a United States declared combat operation during their military service, who file
a claim for benefits following their release from their state or federal active military
service and who are deemed to be monetarily ineligible for benefits under this section,
shall mean the first four (4) of the most recently completed five (5) calendar quarters
immediately preceding the first day the individual was called into that state or federal
active military service; provided, that for any individual deemed monetarily ineligible
for benefits under the "base period� as defined in this section, the department shall
make a re-determination of entitlement based upon an alternative base period that
consists of the last four (4) completed calendar quarters immediately preceding the
first day the claimant was called into that state or federal active military service.
Notwithstanding any provision of this section of the general or public laws to the
contrary, the base period shall not include any calendar quarter previously used to
establish a valid claim for benefits.
(3) "Benefitâ€� means the money payable, as provided in chapters 39 — 41 of this title,
to an individual as compensation for his or her unemployment caused by sickness.
(4) "Benefit credits� means the total amount of money payable to an individual as benefits,
as provided in § 28-41-7.
(5) "Benefit rate� means the money payable to an individual as compensation, as provided
in chapters 39 — 41 of this title, for his or her wage losses with respect to any
week during which his or her unemployment is caused by sickness.
(6) "Benefit year� with respect to any individual who does not already have a benefit
year in effect, and who files a valid claim for benefits as of November 16, 1958,
or any later date, means fifty-two (52) consecutive calendar weeks, the first of which
shall be the week containing the day as of which he or she first files that valid
claim in accordance with regulations adopted as subsequently prescribed; provided,
that for any benefit year beginning on or after October 7, 1990, the benefit year
shall be fifty-three (53) consecutive calendar weeks if the subsequent filing of a
new valid claim immediately following the end of a previous benefit year would result
in the overlapping of any quarter of the base period of the prior new claim. In no
event shall a new benefit year begin prior to the Sunday next following the end of
the old benefit year.
(i) For benefit years that begin on or after July 1, 2012, an individual's benefit year
will begin on the Sunday of the calendar week in which an individual first became
unemployed due to sickness and for which the individual has filed a valid claim for
benefits.
(7) "Board� means the board of review as created under chapter 16.1 of title 42.
(8) "Calendar quarter� has the same definition as contained in chapter 42 of this title.
(9) "Credit week� means any week within an individual's base period in which that individual
earns wages amounting to at least twenty (20) times the minimum hourly wage as defined
in chapter 12 of this title, for performing services in employment for one or more
employers subject to chapters 39 — 41 of this title.
(10) "Director� means the director of the department of labor and training.
(11) "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.
(12) "Employerâ€� means any employing unit that is an employer under chapters 42 — 44 of
this title.
(13) "Employing unit� has the same definition as contained in chapter 42 of this title
and includes any governmental entity that elects to become subject to the provisions
of chapters 39 — 41 of this title, in accordance with the provisions of §§ 28-39-3.1 and 28-39-3.2.
(14) "Employment� has the same definition as contained in chapter 42 of this title.
(15) "Employment office� has the same definition as contained in chapter 42 of this title.
(16) "Fund� means the Rhode Island temporary disability insurance fund established by this
chapter.
(17) "Partial unemployment due to sickness.� For weeks beginning on or after January 1,
2006, an individual shall be deemed partially unemployed due to sickness in any week
of less than full-time work if he or she fails to earn in wages for services for that
week an amount equal to the weekly benefit rate for total unemployment due to sickness
to which he or she would be entitled if totally unemployed due to sickness and eligible.
(i) For the purposes of this subdivision and subdivision (22) of this section, "Wages�
includes only that part of remuneration for any work, which is in excess of one-fifth
(1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple
of one dollar ($1.00), to which the individual would be entitled if totally unemployed
and eligible in any one week, and "services� includes only that part of any work for
which remuneration in excess of one-fifth (1/5) of the weekly benefit rate for total unemployment, rounded to the next lower multiple
of one dollar ($1.00), to which the individual would be entitled if totally unemployed
and eligible in any one week is payable; provided, that nothing contained in this
paragraph 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 under this subdivision for that week.
(18) "Reserve fund� means the temporary disability insurance reserve fund established by
§ 28-39-7.
(19) "Services� means all endeavors undertaken by an individual that are paid for by another
or with respect to which the individual performing the services expects to receive
wages or profits.
(20) "Sickness.� An individual shall be deemed to be sick in any week in which, because
of his or her physical or mental condition, including pregnancy, he or she is unemployed
and unable to perform his or her regular or customary work or services.
(21)(i) "Taxesâ€� means the money payments required by chapters 39 — 41 of this title, to be
made to the temporary disability insurance fund or to the temporary disability insurance
reserve fund.
(ii) Wherever and whenever in chapters 39 — 41 of this title, the words "contributionâ€�
and/or "contributions� appear, those words shall be construed to mean the "taxes,�
as defined in this subdivision, that are the money payments required by those chapters
to be made to the temporary disability insurance fund or to the temporary disability
insurance reserve fund.
(22) "Wages� has the same definition as contained in chapter 42 of this title; provided,
that no individual shall be denied benefits under chapters 39 — 41 of this title because
his or her employer continues to pay to that individual his or her regular wages,
or parts of them, while he or she is unemployed due to sickness and unable to perform
his or her regular or customary work or services. The amount of any payments, whether
or not under a plan or system, made to or on behalf of an employee by his or her employer
after the expiration of six (6) calendar months following the last calendar month
in which the employee performed actual bona fide personal services for his or her
employer, shall not be deemed to be wages either for the purpose of paying contributions
thereon under chapter 40 of this title, or for the purpose of being used as a basis
for paying benefits under chapter 41 of this title.
(23) "Week� has the same definition as contained in chapter 42 of this title.