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S2737A
2026 -- S 2737 SUBSTITUTE A
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LC005881/SUB A
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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 -- GENERAL PROVISIONS
Introduced By:
Senators Lawson, Ciccone, Tikoian, Burke, Bissaillon, LaMountain,
Murray, Britto, McKenney, and Felag
Date Introduced:
February 27, 2026
Referred To:
Senate Labor & Gaming
It is enacted by the General Assembly as follows:
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SECTION 1. 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. Feasibility report.
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(a) The director of the department of labor and training shall, by March 31, 2027, deliver
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to the president of the senate and speaker of the house of representatives, a report examining the
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feasibility, design, administration, and fiscal implications of establishing a statutory mechanism
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through which eligible self-employed Rhode Island residents would be able to elect to participate
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in the temporary disability insurance and temporary caregiver insurance programs established
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under chapters 39, 40, and 41 of title 28.
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(b) In conducting the study, the department of labor and training shall consult with the
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department of revenue and any other executive branch agency that the director of the department
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of labor and training, or designee thereof, identifies as having relevant expertise or jurisdiction.
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(c) The report shall address, at a minimum:
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(1) Criteria for determining which self-employed Rhode Island residents would be eligible
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to elect coverage;
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(2) Methods for assessing, collecting, and reconciling contributions from electing self-
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employed residents, including coordination with existing state and federal tax reporting and
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payment processes;
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(3) Methods for verifying self-employment earnings and calculating weekly benefit
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amounts;
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(4) Administrative, staffing, technological, and rulemaking requirements for
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implementation;
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(5) Safeguards against adverse selection and program abuse, including waiting periods,
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minimum participation periods, and limitations on enrollment and re-enrollment; and
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(6) Recommended statutory and regulatory changes necessary to implement any program
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proposed in the report.
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SECTION 2. Sections 28-41-34 and 28-41-35 of the General Laws in Chapter 28-41
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entitled "Temporary Disability Insurance — Benefits" are hereby amended to read as follows:
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28-41-34. Temporary caregiver insurance. [Effective January 1, 2026.]
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The purpose of this chapter is to establish, within the state temporary disability insurance
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program, a temporary caregiver insurance program to provide wage replacement benefits in
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accordance with the provisions of this chapter, to workers who take time off work to care for a
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seriously ill child, spouse, domestic partner, sibling, parent, parent-in-law,
care recipient
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grandparent,
grandchild,
or to bond with a new child.
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Definitions as used in this chapter:
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(1) “Adopted child” means a child adopted by, or placed for adoption with, the employee.
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(2) “Bonding or bond” means to develop a psychological and emotional attachment
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between a child and the child’s parent(s) or persons who stand in loco parentis. This shall involve
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being in one another’s physical presence.
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(3) “Bone marrow transplant donor” means an individual from whose body bone marrow
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is taken to be transferred to the body of another person.
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(4) "Care recipient" means a person for whom the employee is responsible for providing
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or arranging health or safety related care including, but not limited to, helping the person obtain
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diagnostic, preventive, routine, or therapeutic health treatment.
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(4)
(5)
“Child” means a biological, adopted, or foster son or daughter, a stepson or
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stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an
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employee who stands in loco parentis to that child.
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(5)
(6)
“Department” means the department of labor and training.
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(6)
(7)
“Domestic partner” means a party to a civil union as defined by chapter 3.1 of title
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15.
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(7)
(8)
“Employee” means any person who is or has been employed by an employer subject
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to chapters 39 — 41 of this title and in employment subject to those chapters.\
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(9) "Grandchild" means the child of the employee's child.
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(8)
(10)
“Grandparent” means a parent of the employee’s parent.
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(9)
(11)
“Living organ donor” means an individual who donates all or part of an organ and
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is not deceased.
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(10)
(12)
“Newborn child” means a child under one year of age.
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(11)
(13)
“Parent” means a biological, foster, or adoptive parent, a stepparent, a legal
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guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or
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domestic partner when they were a child.
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(12)
(14)
“Parent-in-law” means the parent of the employee’s spouse or domestic partner.
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(13)
(15)
“Persons who stand in loco parentis” means those with day-to-day responsibilities
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to care for and financially support a child or, in the case of an employee, who had such
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responsibility for the employee when the employee was a child. A biological or legal relationship
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shall not be required.
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(14)
(16)
“Serious health condition” means any illness, injury, impairment, or physical or
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mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility,
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or continued treatment or continuing supervision by a licensed healthcare provider.
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(15)
(17)
“Sibling” means children with a common parent, including biological siblings,
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half-siblings, step-siblings, foster siblings, and adopted siblings.
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(16)
(18)
“Spouse” means a party in a common law marriage, a party in a marriage
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conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of
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title 15.
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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,
grandchild,
parent, parent-in-law,
care recipient,
grandparent,
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spouse, domestic partner, or sibling who has a serious health condition, subject to a waiting period
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in accordance with the provisions of § 28-41-12 [repealed]. Employees may use accrued sick time
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during the eligibility 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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(6) Beginning January 1, 2027, temporary caregiver benefits shall be limited to a maximum
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of ten (10) weeks in a benefit year; and
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(7) Beginning January 1, 2028, temporary caregiver benefits shall be limited to a maximum
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of twelve (12) 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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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY
INSURANCE -- GENERAL PROVISIONS
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This act would expand the benefit definitions of temporary care giver leave to include a
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grandchild and care recipient and would increase a leave benefits period to ten (10) weeks for 2027
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and twelve (12) weeks for 2028.
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This act would take effect upon passage.
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