Temporary Caregiver Insurance Program to Take Effect in Rhode Island

Author: Tracy Morley, XpertHR Legal Editor

July 30, 2013

On July 17, the Temporary Caregiver Insurance (TCI) Law was passed making Rhode Island the third state, joining California and New Jersey, to adopt a paid family leave insurance law. Rhode Island distinguishes itself by being the first state to provide a measure of job security; the TCI law protects employees who take TCI leave from job loss or retaliation.

TCI expands Rhode Island's existing Temporary Disability Insurance Program (TDI) and replaces the income of workers who take time off to bond with a newborn or an adopted or foster child, or to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law or grandparent.

Under Rhode Island's TCI law:

• Employees are eligible for up to four weeks of leave per year and are required to provide their employer with 30 days' written notice before the leave begins. Failure to provide notice may result in the delay or a reduction in benefits, unless the leave is unforeseeable.
• Employers may require employees to take TCI leave concurrently with leave taken under the federal Family Medical and Leave Act and Rhode Island's Parental and Family Medical Leave Act.
• Health insurance benefits remain in effect during the leave and employees are responsible for their share of the cost of providing the benefits.
• Employers must keep employees' claim information confidential in accordance with federal and state law.
• At the conclusion of the leave, employees are entitled to return to their former position or to a position with equivalent seniority, benefits, pay and other terms and conditions of employment.

The TCI program is effective January 1, 2014, and will be funded by payroll deduction.