AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- BENEFITS (Enables employees to no longer have to utilize sick leave, vacation leave, personal leave or other paid time off as a condition to their maternity leave.)

H7561

2026 -- H 7561
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LC004083
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
INSURANCE -- BENEFITS

Introduced By:
Representatives Voas, Stewart, Potter, Dawson, McNamara, O'Brien,
Boylan, Fogarty, Hull, and J. Lombardi

Date Introduced:
February 06, 2026

Referred To:
House Labor
It is enacted by the General Assembly as follows:
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SECTION 1. Section 28-41-5 of the General Laws in Chapter 28-41 entitled "Temporary
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Disability Insurance — Benefits" is hereby amended to read as follows:
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28-41-5. Weekly benefit rate — Dependents’ allowances. [Effective January 1, 2026.]
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(a)
Benefit rate.
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(1) The benefit rate payable under this chapter to any eligible individual with respect to
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any week of the individual’s unemployment due to sickness, when that week occurs within a benefit
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year, shall be, for benefit years beginning on or after October 7, 1990, and prior to January 1, 2027,
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four and sixty-two hundredths percent (4.62%); for benefit years beginning on or after January 1,
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2027, and prior to January 1, 2028, five and thirty-eight hundredths percent (5.38%); and for benefit
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years beginning on or after January 1, 2028, five and seventy-seven hundredths percent (5.77%) of
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the wages paid to the individual in that calendar quarter of the base period in which the individual’s
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wages were highest; provided, however, that the benefit rate shall not exceed eighty-five percent
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(85%) of the average weekly wage paid to individuals covered by chapters 42 — 44 of this title for
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the preceding calendar year ending December 31. If the maximum weekly benefit rate is not an
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exact multiple of one dollar ($1.00) then the rate shall be raised to the next higher multiple of one
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dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit years beginning
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on or after July 1 of the year prior to July of the succeeding calendar year.
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(2) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall

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be raised to the next higher multiple of one dollar ($1.00).
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(b)
Dependents’ allowances.
An individual to whom benefits for unemployment due to
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sickness are payable under this chapter with respect to any week, shall, in addition to those benefits,
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be paid with respect to each week a dependent’s allowance of twenty dollars ($20.00) or seven
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percent (7%) of the individual’s benefit rate payable under subsection (a) of this section, whichever
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is greater, for each of that individual’s children, including adopted and stepchildren or that
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individual’s court-appointed wards who, at the beginning of the individual’s benefit year, is under
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eighteen (18) years of age and who is at that time in fact dependent on that individual. A
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dependent’s allowance shall also be paid to that individual for any child, including an adopted child
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or a stepchild or that individual’s court appointed ward, eighteen (18) years of age or over,
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incapable of earning any wages because of mental or physical incapacity, and who is dependent on
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that individual in fact at the beginning of the individual’s benefit year, including individuals who
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have been appointed the legal guardian of that child by the appropriate court. However, in no
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instance shall the number of dependents for which an individual may receive dependents’
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allowances exceed five (5) in total. The weekly total of dependents’ allowances payable to any
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individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple
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of one dollar ($1.00). The number of an individual’s dependents, and the fact of their dependency,
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shall be determined as of the beginning of that individual’s benefit year; provided, that only one
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individual shall be entitled to a dependent’s allowance for the same dependent with respect to any
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week. Each individual who claims a dependent’s allowance shall establish their claim to it to the
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satisfaction of the director under procedures established by the director.
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(c) Any individual’s benefit rate and/or dependents’ allowance in effect for a benefit year
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shall continue in effect until the end of that benefit year.
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(d)
Partial unemployment due to sickness.
For weeks beginning on or after January 1,
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2006, an individual partially unemployed due to sickness and otherwise eligible in any week shall
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be paid sufficient benefits with respect to that week, so that their wages, rounded to the next higher
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multiple of one dollar ($1.00), and their benefits combined will equal in amount the weekly benefit
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rate to which the individual would be entitled if totally unemployed due to sickness in that week;
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provided that an individual must have been totally unemployed due to sickness for at least seven
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(7) consecutive days prior to claiming partial benefits under this provision; provided, that this
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provision shall not apply if the individual is entitled to lag day benefits pursuant to § 28-41-9;
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provided, further, that nothing contained herein shall permit any individual to whom remuneration
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is payable for any work performed in any week in an amount equal to or greater than his or her
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weekly benefit rate to receive benefits or waiting period credit for that week.

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(e) Maternity leave. No employer shall require an employee to utilize accrued sick leave,
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vacation leave, personal leave, or other paid time off as a condition of eligibility for, or receipt of,
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benefits under this chapter. An employee may elect, but shall not be required, to use accrued leave
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concurrently with temporary disability insurance benefits.
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SECTION 2. Section 28-41-35 of the General Laws in Chapter 28-41 entitled "Temporary
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Disability Insurance — Benefits" is hereby amended to read as follows:
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28-41-35. Benefits. [Effective January 1, 2026.]
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(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for
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temporary caregiver benefits for any week in which the employee is unable to perform their regular
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and customary work because the employee is:
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(1) Bonding with a newborn child or a child newly placed for adoption or foster care with
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the employee or domestic partner in accordance with the provisions of § 28-41-36(c);
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(2) Caring for a child, parent, parent-in-law, grandparent, spouse, domestic partner, or
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sibling who has a serious health condition, subject to a waiting period in accordance with the
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provisions of § 28-41-12 [repealed]. Employees may use accrued sick time during the eligibility
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waiting period in accordance with the policy of the individual’s employer; or
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(3) Participating as a bone marrow transplant donor or a living organ donor.
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(b) Temporary caregiver benefits shall be available only to the employee exercising their
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right to leave while covered by the temporary caregiver insurance program. An employee shall file
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a written intent with their employer, in accordance with rules and regulations promulgated by the
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department, with a minimum of thirty (30) days’ notice prior to commencement of the family leave.
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Failure by the employee to provide the written intent may result in delay or reduction in the
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claimant’s benefits, except in the event the time of the leave is unforeseeable or the time of the
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leave changes for unforeseeable circumstances.
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(c) Employees cannot file for both temporary caregiver benefits and temporary disability
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benefits for the same purpose, concurrently, in accordance with all provisions of this act and
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chapters 39 — 41 of this title.
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(d) Temporary caregiver benefits may be available to any individual exercising their right
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to leave while covered by the temporary caregiver insurance program, commencing on or after
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January 1, 2014, which shall not exceed the individual’s maximum benefits in accordance with
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chapters 39 — 41 of this title. The benefits for the temporary caregiver program shall be payable
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with respect to the first day of leave taken after the waiting period and each subsequent day of leave
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during that period of family temporary disability leave. Benefits shall be in accordance with the
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following:

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(1) Beginning January 1, 2014, temporary caregiver benefits shall be limited to a maximum
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of four (4) weeks in a benefit year;
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(2) Beginning January 1, 2022, temporary caregiver benefits shall be limited to a maximum
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of five (5) weeks in a benefit year;
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(3) Beginning January 1, 2023, temporary caregiver benefits shall be limited to a maximum
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of six (6) weeks in a benefit year;
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(4) Beginning January 1, 2025, temporary caregiver benefits shall be limited to a maximum
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of seven (7) weeks in a benefit year; and
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(5) Beginning January 1, 2026, temporary caregiver benefits shall be limited to a maximum
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of eight (8) weeks in a benefit year.
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(e) In addition, no individual shall be paid temporary caregiver benefits and temporary
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disability benefits that together exceed thirty (30) times the individual’s weekly benefit rate in any
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benefit year.
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(f) Any employee who exercises their right to leave covered by temporary caregiver
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insurance under this chapter shall, upon the expiration of that leave, be entitled to be restored by
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the employer to the position held by the employee when the leave commenced, or to a position with
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equivalent seniority, status, employment benefits, pay, and other terms and conditions of
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employment including fringe benefits and service credits that the employee had been entitled to at
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the commencement of leave.
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(g) During any caregiver leave taken pursuant to this chapter, the employer shall maintain
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any existing health benefits of the employee in force for the duration of the leave as if the employee
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had continued in employment continuously from the date the employee commenced the leave until
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the date the caregiver benefits terminate; provided, however, that the employee shall continue to
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pay any employee shares of the cost of health benefits as required prior to the commencement of
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the caregiver benefits.
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(h) No individual shall be entitled to waiting period credit or temporary caregiver benefits
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under this section for any week beginning prior to January 1, 2014. An employer may require an
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employee who is entitled to leave under the federal Family and Medical Leave Act, Pub. L. No.
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103-3 and/or the Rhode Island parental and family medical leave act, § 28-48-1 et seq., who
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exercises their right to benefits under the temporary caregiver insurance program under this chapter,
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to take any temporary caregiver benefits received, concurrently, with any leave taken pursuant to
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the federal Family and Medical Leave Act and/or the Rhode Island parental and family medical
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leave act.
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(i) Temporary caregiver benefits shall be in accordance with the federal Family and

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Medical Leave Act (FMLA), Pub. L. No. 103-3 and the Rhode Island parental and family medical
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leave act in accordance with § 28-48-1 et seq. An employer may require an employee who is entitled
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to leave under the federal Family and Medical Leave Act, Pub. L. No. 103-3 and/or the Rhode
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Island parental and family medical leave act, § 28-48-1 et seq., who exercises their right to benefits
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under the temporary caregiver insurance program under this chapter, to take any temporary
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caregiver benefits received, concurrently, with any leave taken pursuant to the federal Family and
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Medical Leave Act and/or the Rhode Island parental and family medical leave act.
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(j) In the event the individual is participating as a bone marrow transplant donor or a living
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organ donor, benefits under this section shall cover time needed for any procedures, medical tests,
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and surgeries related to the donation, including no more than five (5) business days of recovery
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from a bone marrow transplant or no more than thirty (30) business days’ recovery from a living
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organ donor transplant.
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(k)(1) Notwithstanding any general or public law to the contrary, an employer may require
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an employee to use accrued vacation leave or other paid time off concurrently with temporary
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caregiver insurance benefits.
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(2) An employer shall not require an employee to exhaust accrued sick leave, vacation
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leave, vacation leave, personal leave, or other paid time off as a condition of taking temporary
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caregiver insurance leave or receiving benefits under this chapter.
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(3) An employee may elect to use accrued leave concurrently with temporary caregiver
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insurance benefits for the purpose of supplementing wage replacement.
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SECTION 3. Chapter 28-39 of the General Laws entitled "Temporary Disability Insurance
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— General Provisions" is hereby amended by adding thereto the following section:
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28-39-42. Paid time off exemptions.

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Notwithstanding any other provision of law, an employer shall not require an employee to
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exhaust accrued sick leave, vacation leave, personal leave, or other paid time off as a condition of
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taking leave or receiving benefits under chapters 39 and 41 of title 39.
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(b) Nothing in this section shall be construed to prohibit an employee from voluntarily
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electing to use accrued leave to supplement wage replacement benefits.
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SECTION 4. This act shall take effect upon passage.
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LC004083
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
INSURANCE -- BENEFITS
***
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This act would enable employees to no longer have to utilize sick leave, vacation leave,
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personal leave or other paid time off as a condition to their maternity leave.
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This act would take effect upon passage.
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LC004083
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