§ 28-41-35. Benefits. [Effective until January 1, 2026.]
(a) Subject to the conditions set forth in this chapter, an employee shall be eligible
for temporary caregiver benefits for any week in which the employee is unable to perform
their regular and customary work because the employee 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); 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the provisions of § 28-41-12 [repealed].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 their 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 their 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;
(4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum
of seven (7) weeks in a benefit year; and
(5) Beginning January 1, 2026, temporary caregiver benefits shall be limited to a maximum
of eight (8) weeks in a benefit year.
(e) In addition, no individual shall be paid temporary caregiver benefits and temporary
disability benefits that together exceed thirty (30) times the individual's weekly
benefit rate in any benefit year.
(f) Any employee who exercises their 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 the employee
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 their 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 their 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.