AN ACT RELATING TO LABOR AND LABOR RELATIONS -- TEMPORARY DISABILITY INSURANCE -- GENERAL PROVISIONS (Expands the benefit definitions to include a grandchild and care recipient and increases benefits period to 10 weeks for 2027 and 12 weeks for 2028 and provides a TDI/TCI opt-in option for self-employed workers.)

S2737

2026 -- S 2737
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LC005881
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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. Section 28-39-26 of the General Laws in Chapter 28-39 entitled "Temporary
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Disability Insurance — General Provisions" is hereby amended to read as follows:
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28-39-26. Pecuniary penalty for failure to make contributions or reports.
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An employer
or self-employed individual who elects to be covered by this chapter
who
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fails to file any report required under chapters 39 — 41 of this title, or who or that fails or refuses
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to pay any contributions required under those chapters in the manner and at the times required by
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the laws and regulations or as the director may, in accordance with those laws and regulations,
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prescribe, shall pay a penalty of ten dollars ($10.00) for each failure or refusal to file, and where
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any contribution is due, shall pay an additional penalty of ten percent (10%) of the amount due.
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These penalties shall be paid into the temporary disability insurance reserve fund, and shall be in
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addition to contributions and interest required to be paid as provided in chapters 39 — 41; provided,
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that if any employer
or self-employed individual who elects to be covered by this chapter
fails to
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pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-40-12.
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SECTION 2. Sections 28-40-1 and 28-40-9 of the General Laws in Chapter 28-40 entitled
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"Temporary Disability Insurance — Contributions" are hereby amended to read as follows:
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28-40-1. Amount of employee contributions — Wages on which based. [Effective
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January 1, 2026.]
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(a) The taxable wage base under this chapter for each calendar year shall be equal to the

1
greater of one hundred thousand dollars ($100,000) or the annual earnings needed by an individual
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to qualify for the maximum weekly benefit amount and the maximum duration under chapters 39
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— 41 of this title. That taxable wage base shall be computed as follows: Every September 30, the
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maximum weekly benefit amount in effect as of that date shall be multiplied by thirty (30) and the
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resultant product shall be divided by thirty-six hundredths (.36). If the result thus obtained is not
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an even multiple of one hundred dollars ($100), it shall be rounded upward to the next higher even
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multiple of one hundred dollars ($100). That taxable wage base shall be effective for the calendar
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year beginning on the next January 1.
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(b) Each employee shall contribute with respect to employment after the date upon which
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the employer becomes subject to chapters 39 — 41 of this title, an amount equal to the fund cost
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rate times the wages paid by the employer to the employee up to the taxable wage base as defined
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and computed in subsection (a) of this section. The employee contribution rate for the following
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calendar year shall be determined by computing the fund cost rate on or before November 15 of
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each year as follows:
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(1) The total amount of disbursements made from the fund for the twelve-month (12)
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period ending on the immediately preceding September 30 shall be divided by the total taxable
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wages paid by employers during the twelve-month (12) period ending on the immediately
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preceding June 30. The ratio thus obtained shall be multiplied by one hundred (100) and the
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resultant product if not an exact multiple of one-tenth of one percent (0.1%) shall be rounded down
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to the next lowest multiple of one-tenth of one percent (0.1%);
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(2) If the fund balance as of the preceding September 30 is less than the total disbursements
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from the fund for the six-month (6) period ending on that September 30, that difference shall be
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added to the total disbursements for the twelve-month (12) period ending September 30 for the
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purpose of computing the fund cost rate, and if the resulting fund cost rate is not an exact multiple
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of one-tenth of one percent (0.1%) it shall be rounded to the nearest multiple of one-tenth of one
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percent (0.1%).
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(c) Any self-employed Rhode Island resident who fails to meet the quarterly reporting
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requirements or make the required quarterly contributions in a timely manner shall be ineligible to
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receive benefits under chapters 39 — 41 of this title, until such time as that person has satisfied any
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outstanding payments owed.
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28-40-9. Interest on delinquent payments.
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(a)
Employers who fail to make payment of contributions, as required by chapters 39 —
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41 of this title, or by the prescribed rules and regulations, shall be additionally liable to the
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temporary disability insurance reserve fund for interest on those delinquent payments at the rate of

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one and one-half percent (11/2%) per month from the date the payment became due until paid.
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(b) With respect to self-employed Rhode Island residents with "wages" earned through
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their self-employment, those wages shall be considered wages for determining benefits under
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chapters 39 — 41 of this title, if the individual has applied for coverage under the temporary
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disability insurance program, in accordance with the provisions of § 28-39-3.4.
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SECTION 3. 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 4. 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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28-39-3.4. Non-covered Rhode Island residents eligible by election.

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(a) Notwithstanding any inconsistent provisions of chapters 39 — 41 of this title, any self-
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employed Rhode Island resident may become subject to those chapters, by filing an enrollment
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form with the department in accordance with the rules and regulations established by the

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department for enrollment. Notwithstanding any other provisions of chapters 39 — 41 of this title
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to the contrary, self-employed Rhode Island residents, that do not have otherwise qualifying wages
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from prior employment within the base period, will not be eligible for benefits under those chapters,
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until the completion of twelve (12) months of contributions has been made to participation in the
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program provided in § 28-40-1. Except as otherwise provided in this title, all other provisions of
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these chapters shall continue to be applicable in connection with the employment.
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(b) Any self-employed Rhode Island resident who fails to meet the quarterly reporting
8
requirements or make the required quarterly contributions in a timely manner, shall be ineligible to
9
receive benefits under chapters 39 — 41 of this title until such time as that person has satisfied any
10
outstanding payments in this regard.
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SECTION 5. 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. This act would further increase a leave benefits period to ten (10)
3
weeks for 2027 and twelve (12) weeks for 2028 and provide a TDI/TCI opt-in option for self-
4
employed workers.
5
This act would take effect upon passage.
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LC005881
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