Rhode Island Temporary Caregiver Leave - Caregiver Insurance (R.I. Gen. Laws § 28-41-34)

This leave type constitutes the ability for payment while out on leave. It is not a leave entitlement. Some of Absence customers may choose not to track this leave and can remove it from the absence specifications for Rhode Island.

Covered Employers: All employers

Employee Eligibility: To be eligible for TCI benefits, the employee must earn $12,600 in base period wages; or $2,100 in one of the base period quarters and total base period wages of at least 1.5 times the highest quarter earnings, and total base period earnings of at least $4,200.

Entitlement: Employees are eligible for up to four (4) weeks of Temporary Caregiver Insurance wage-placement 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 during the first 12 months of parenting; or (2) caring for a child, parent, parent-in-law, grandparent, spouse, or domestic partner who has a "serious health condition." The Temporary Caregiver Insurance law defines "serious health condition" as "any illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or continued treatment or continuing supervision by a licensed health care provider."

Obligation to provide certification to support need for leave: The employer will be required to verify the last day the individual performed services for the Rhode Island Department of Labor and Training TDI/TCI.

Employer Notice: Every employing unit in the State of Rhode Island must post a state-provided notice about TCI benefits in conspicuous places where the workers' services are performed.

Employee Notice: Employee must provide 30 days when the need for leave is foreseeable.

Paid?: Yes. Employees may receive "superpay" under TCI (i.e. they can receive TCI in addition to salary, sick time, or vacation pay).

Reinstatement: An employee is 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.

Benefits: Health insurance benefits remain in effect during the leave and employees are responsible for their share of the cost of providing the benefits.

Concurrency with other leaves: May run concurrently with Federal FMLA and RI FMLA if eligibility criteria are met.
Employees cannot receive Temporary Caregiver Insurance benefits at the same time they are receiving Temporary Disability Benefits from the State.

Other Important Definitions/Requirements: TCI benefits are only available for continuous leaves. Employees cannot return to work part-time and continue collecting.

Absence Specifications

Concurrency

Amount of leave provided

  • 4 weeks

Employer Eligibility Rules

  • All employers

Intake trigger

  • Adoption/foster Care

  • Bonding

  • Care of a family member

    • Parent

    • Spouse

    • Child

    • Parent-in-law

    • Domestic partner

    • Grandparent

  • Continuous but can be requested more than once.

Employee Eligibility Rules

  • 0 hours worked

  • 0 length of service

  • $12,600 in base period wages; or $2,100 in one of the base period quarters and total base period wages of at least 1.5 times the highest quarter earnings, and total base period earnings of at least $4,200

Calendar Type

  • Rolling forward

Notes

  • Rhode Island Temporary Caregiver leave can not be taken intermittently as it is "consecutive" work weeks.