§ 28-42-3. Definitions.
The following words and phrases, as used in chapters 42 — 44 of this title, have the
following meanings unless the context clearly requires otherwise:
(1) "Administration account� means the employment security administration account established
by this chapter.
(2) "Average weekly wage� means the amount determined by dividing the individual's total
wages earned for service performed in employment within the individual's base period
by the number of that individual's credit weeks within the individual's base period.
(3) "Base period,� with respect to an individual's benefit year, 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. For any individual's benefit year,
and for any individual deemed monetarily ineligible for benefits for the "base period�
as defined in this subdivision, the department shall make a re-determination of entitlement
based upon the 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, that notwithstanding any provision of chapters 42 — 44 of
this title to the contrary, for the benefit years beginning on or after October 4,
1992, whenever an individual who has received workers' compensation benefits is entitled
to reinstatement under § 28-33-47, but the position to which reinstatement is sought does not exist or is not available,
the individual's base period shall be determined as if the individual filed for benefits
on the date of the injury.
(4) "Benefit� means the money payable to an individual as compensation for the individual's
wage losses due to unemployment as provided in these chapters.
(5) "Benefit credits� means the total amount of money payable to an individual as benefits,
as determined by § 28-44-9.
(6) "Benefit rate� means the money payable to an individual as compensation, as provided
in chapters 42 — 44 of this title, for the individual's wage losses with respect to
any week of total unemployment.
(7) "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, 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 a valid claim in accordance with regulations adopted as hereinafter
prescribed; provided, that the benefit year shall be fifty-three (53) weeks if the
filing of a new, valid claim would result in overlapping any quarter of the base period
of a prior new claim previously filed by the individual. In no event shall a new benefit
year begin prior to the Sunday next following the end of the old benefit year.
(8) "Calendar quarter� means the period of three (3) consecutive calendar months ending
March 31, June 30, September 30, and December 31; or the equivalent thereof, in accordance
with regulations as subsequently prescribed.
(9) "Contributions� means the money payments to the state employment security fund required
by those chapters.
(10) "Credit amount,� effective July 6, 2014, means earnings by the individual in an amount
equal to at least eight (8) times the individual's weekly benefit rate.
(11) "Credit week,� prior to July 1, 2012, means any week within an individual's base period
in which that individual earned 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 42 — 44 of this title,
and for the period July 1, 2012, through July 5, 2014, means any week within an individual's
base period in which that individual earned wages amounting to at least the individual's
weekly benefit rate for performing services in employment for one or more employers
subject to chapters 42 — 44 of this title.
(12) "Crew leader,� for the purpose of subdivision (19) of this section, means an individual
who:
(i) Furnishes individuals to perform service in agricultural labor for any other person;
(ii) Pays (either on the crew leader's own behalf or on behalf of that other person) the
individuals so furnished by the crew leader for the service in agricultural labor
performed by them; and
(iii) Has not entered into a written agreement with that other person (farm operator) under
which that individual (crew leader) is designated as an employee of that other person
(farm operator).
(13) "Director� means the head of the department of labor and training or the director's
authorized representative.
(14) "Domestic service employment.� "Employment� includes domestic service in a private
home performed for a person who paid cash remuneration of one thousand dollars ($1,000)
or more in any calendar quarter in the current calendar year, or the preceding calendar
year, to individuals employed in that domestic service.
(15) "Employee� means any person who is, or has been, employed by an employer subject to
those chapters and in employment subject to those chapters.
(16) "Employer� means:
(i) Any employing unit that was an employer as of December 31, 1955;
(ii) Any employing unit that for some portion of a day on and after January 1, 1956, has,
or had, in employment, within any calendar year, one or more individuals; except,
however, for "domestic service employment,� as defined in subdivision (14) of this
section;
(iii) For the effective period of its election pursuant to § 28-42-12, any other employing unit that has elected to become subject to chapters 42 — 44
of this title; or
(iv) Any employing unit not an employer by reason of any other paragraph of this subdivision
for which, within either the current or preceding calendar year, service is, or was,
performed with respect to which that employing unit is liable for any federal tax
against which credit may be taken for contributions required to be paid into this
state's employment security fund; or which, as a condition for approval of chapters
42 — 44 of this title for full tax credit against the tax imposed by the Federal Unemployment
Tax Act, 26 U.S.C. § 3301 et seq., is required, pursuant to that act, to be an "employerâ€� under chapters 42
— 44 of this title.
(17) "Employing unit� means any person, partnership, association, trust, estate, or corporation,
whether domestic or foreign, or its legal representative, trustee in bankruptcy, receiver,
or trustee, or the legal representative of a deceased person, that has, or had, in
the unit's employ, one or more individuals. For the purposes of subdivision (14) of
this section, a private home shall be considered an employing unit only if the person
for whom the domestic service was performed paid cash remuneration of one thousand
dollars ($1,000) or more in any calendar quarter in the current calendar year, or
the preceding calendar year, to individuals employed in that domestic service in that
private home.
(18)(i) "Employment,â€� subject to §§ 28-42-4 — 28-42-10, means service, including service in interstate commerce, performed for wages, or
under any contract of hire, written or oral, express or implied; provided, that service
performed shall also be deemed to constitute employment for all the purposes of chapters
42 — 44 of this title if performed by an individual in the employ of a nonprofit organization
as described in subdivision (25) of this section, except as provided in § 28-42-8(7);
(ii) Notwithstanding any other provisions of this section, "Employment� also means service
with respect to which a tax is required to be paid under any federal law imposing
a tax against which credit may be taken for contributions required to be paid into
this state's employment security fund or which, as a condition for full tax credit
against the tax imposed by the Federal Unemployment Tax Act, is required to be covered
under chapters 42 — 44 of this title;
(iii) Employment not to include owners. Employment does not include services performed by
sole proprietors (owners), partners in a partnership, limited liability company —
single member filing as a sole proprietor with the IRS, or members of a limited liability
company filing as a partnership with the IRS.
(19) "Employment — Crew leader.â€� For the purposes of subdivision (12) of this section:
(i) Any individual who is a member of a crew furnished by a crew leader to perform service
in agricultural labor for any other person shall be treated as an employee of that
crew leader if:
(A) That crew leader holds a valid certificate of registration under the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. § 1801 et seq., or substantially all members of that crew operate or maintain tractors,
mechanized harvesting, or crop-dusting equipment, or any other mechanized equipment
that is provided by that crew leader; and
(B) That individual is not an employee of the other person within the meaning of subdivision
(15) of this section; and
(ii) In the case of any individual who is furnished by a crew leader to perform service
in agricultural labor for any other person and who is not treated as an employee of
that crew leader:
(A) That other person, and not the crew leader, shall be treated as the employer of that
individual; and
(B) That other person shall be treated as having paid cash remuneration to that individual
in an amount equal to the amount of cash remuneration paid to that individual by the
crew leader (either on the crew leader's own behalf or on behalf of that other person)
for the service in agricultural labor performed for that other person.
(20) "Employment office� means a free, public-employment office, or its branch, operated
by the director or by this state as part of a system of free, public-employment offices,
or any other agency that the director may designate with the approval of the Social
Security Administration.
(21) "Fund� means the employment security fund established by this chapter.
(22) "Governmental entity� means state and local governments in this state and includes
the following:
(i) The state of Rhode Island or any of its instrumentalities, or any political subdivision
of the state, or any of its instrumentalities;
(ii) Any instrumentality of more than one of these entities; or
(iii) Any instrumentality of any of these entities and one or more other states or political
subdivisions.
(23) "Hospital� means an institution that has been licensed, certified, or approved by
the department of health as a hospital.
(24)(i) "Institution of higher education� means an educational institution in this state that:
(A) Admits, as regular students, only individuals having a certificate of graduation from
a high school, or the recognized equivalent of such certificate;
(B) Is legally authorized within this state to provide a program of education beyond high
school;
(C) Provides:
(I) An educational program for which it awards a bachelor's or higher degree, or a program
that is acceptable for full credit toward such a degree;
(II) A program of post-graduate or post-doctoral studies; or
(III) A program of training to prepare students for gainful employment in a recognized occupation;
and
(D) Is a public or other nonprofit institution.
(ii) Notwithstanding any of the preceding provisions of this subdivision, all colleges
and universities in this state are institutions of higher education for purposes of
this section.
(25) "Nonprofit organization� means an organization, or group of organizations, as defined
in 26 U.S.C. § 501(c)(3), that is exempt from income tax under 26 U.S.C. § 501(a).
(26)(i) "Partial unemployment.� An employee shall be deemed partially unemployed in any week
of less than full-time work if the employee fails to earn in wages for that week an
amount equal to the weekly benefit rate for total unemployment to which the employee
would be entitled if totally unemployed and eligible. For weeks beginning on or after
May 23, 2021, through June 30, 2026, an employee shall be deemed partially unemployed
in any week of less than full-time work if the employee fails to earn wages for that
week in an amount equal to or greater than one hundred and fifty percent (150%) of
the weekly benefit rate for total unemployment to which the employee would be entitled
if totally unemployed and eligible.
(ii) For the purposes of this subdivision and subdivision (28) of this section, "wages�
includes only that part of remuneration for any work that 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.
(iii) Notwithstanding the foregoing, for weeks ending on or after May 23, 2021, through
June 30, 2026, "wages� includes only that part of remuneration for any work that is
in excess of fifty percent (50%) 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 fifty percent
(50%) 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, during the period
defined in this subdivision, nothing contained in this subdivision shall permit any
individual to whom remuneration is payable for any work performed in any week in an
amount equal to or greater than one hundred fifty percent (150%) of their weekly benefit
rate to receive benefits under this subdivision for that week.
(iv) Notwithstanding anything contained to the contrary in this subdivision, "services,�
as used in this subdivision and in subdivision (28) of this section, does not include
services rendered by an individual under the exclusive supervision of any agency of
this state, or any of its political subdivisions, by which the services are required
solely for the purpose of affording relief, support, or assistance to needy individuals
performing those services, or services performed by members of the national guard
and organized reserves in carrying out their duties in weekly drills as members of
those organizations. "Wages,� as used in this subdivision and in subdivision (28)
of this section, does not include either remuneration received by needy individuals
for rendering the aforementioned services when that remuneration is paid exclusively
from funds made available for that purpose out of taxes collected by this state or
any of its political subdivisions, or remuneration received from the federal government
by members of the national guard and organized reserves, as drill pay, including longevity
pay and allowances.
(27) "Payroll� means the total amount of all wages paid by the employer to the employer's
employees for employment.
(28) "Total unemployment.� An individual shall be deemed totally unemployed in any week
in which the individual performs no services (as used in subdivision (26) of this
section) and for which the individual earns no wages (as used in subdivision (26)
of this section), and in which the individual cannot reasonably return to any self-employment
in which the individual has customarily been engaged.
(29) "Wages� means all remuneration paid for personal services on or after January 1, 1940,
including commissions and bonuses and the cash value of all remuneration paid in any
medium other than cash, and all other remuneration that is subject to a tax under
a federal law imposing a tax against which credit may be taken for contributions required
to be paid into a state unemployment fund. Gratuities customarily received by an individual
in the course of the individual's employment from persons other than the individual's
employing unit shall be treated as wages paid by the individual's employing unit.
The reasonable cash value of remuneration paid in any medium other than cash, and
the reasonable amount of gratuities, shall be estimated and determined in accordance
with rules prescribed by the director; except that for the purpose of this subdivision
and of §§ 28-43-1 — 28-43-8.1, 28-43-8.2 [repealed], 28-43-8.3, 28-43-8.4 [repealed], 28-43-8.5 — 28-43-8.10, 28-43-11 [repealed], and 28-43-12 — 28-43-14, this term does not include:
(i) That part of remuneration that is paid by an employer to an individual with respect
to employment during any calendar year, after remuneration equal to the amount of
the taxable wage base as determined in accordance with § 28-43-7 has been paid during that calendar year by the employer or the employer's predecessor
to that individual; provided, that if the definition of "wages� as contained in the
Federal Unemployment Tax Act is amended to include remuneration in excess of the taxable
wage base for that employment, then, for the purposes of §§ 28-43-1 — 28-43-14, "wagesâ€� includes the remuneration as previously set forth, up to an amount equal
to the dollar limitation specified in the federal act. For the purposes of this subdivision,
"employment� includes services constituting employment under any employment security
law of another state or of the federal government;
(ii) The amount of any payment made to, or on behalf of, an employee under a plan or system
established by an employer that makes provision for employees generally, or for a
class or classes of employees (including any amount paid by an employer or an employee
for insurance or annuities, or into a fund, to provide for any such payment), on account
of:
(A) Retirement;
(B) Sickness or accident disability;
(C) Medical and hospitalization expenses in connection with sickness or accident disability;
or
(D) Death; provided, that the employee has not the:
(I) Option to receive, instead of provision for that death benefit, any part of that payment
or, if that death benefit is insured, any part of the premiums (or contributions to
premiums) paid by the individual's employer; and
(II) Right, under the provisions of the plan or system or policy of insurance providing
for that death benefit, to assign that benefit, or to receive a cash consideration
in lieu of that benefit either upon the employee's withdrawal from the plan or system
providing for that benefit or upon termination of the plan or system or policy of
insurance, or of the individual's employment with that employer;
(E) The payment by an employer (without deduction from the remuneration of the employee)
of:
(I) The tax imposed upon an employee under 26 U.S.C. § 3101; or
(II) Any payment required from an employee under chapters 42 — 44 of this title.
(iii) Any amount paid by an employee, or an amount paid by an employer, under a benefit
plan organized under the Internal Revenue Code [26 U.S.C. § 125].
(30) "Week� means the seven-day (7) calendar week beginning on Sunday at 12:01 a.m. and
ending on Saturday at 12:00 a.m. midnight.