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Rhode Island Temporary Caregiver Insurance - Legislative Guidance

Table of Contents

Overview
Employer Coverage
Employee Eligibility
Qualifying Absence Reasons and Leave Duration
How Leave Can be Taken
Certification Requirements
Pay and Benefits
Interaction with Other Laws
Employee and Employer Responsibilities
Resources

Overview

Rhode Island Temporary Caregiver Insurance(RITCI) provides job protection and income replacement to eligible employees when caring for certain family members, or when the employee is donating an organ or bone marrow.

Entitlement and benefit payment amount varies based on the year the employee is taking benefits. In 2025, employees may take up to 7 workweeks or up to 8 workweeks in 2026 forward. Employees can only take leave consecutively.

RITCI is a state-administered program that is funded through employee contributions, decisions on benefit payment are rendered by the state. Employers do not have an option for equivalent plans.

AbsenceSoft Policies

Rhode Island Temporary Caregiver Insurance is configured in AbsenceSoft with the policy code and naming below:

  • Rhode Island Temporary Caregiver Insurance RI-CAREGIVER

Legislation codes and statues

The information presented in the guidance relates to the following legislative codes, links to the specific legislation can be found within the ‘Resources’ section of this document:

  • Rhode Island General Laws, Title 28, Chapters 41, Section 34-36 (R.I. Gen. Laws § 28-41-34 -36)

Employer Coverage

Any employer with one or more employees in Rhode Island.

Exclusions:

  • Religious organizations

  • Those exempt from federal income tax

Employee Eligibility

Employee eligibility is based on the amount of wages earned in Rhode Island determined across all employment with a covered employer1 within a calendar quarter of a base period determined by the state. The employee must also pay into the fund for at least one year.

Exclusions:

  • Domestic workers – those employed within a person’s home paid in cash

  • Some government employees

  • Self-employed or sole proprietors

  • Work study school students

  • Certain fisherman

Qualifying Absence Reasons and Leave Duration

Depending on when the claim was filed with the state, the employee may be eligible for 6 weeks for claims prior to December 31, 2024, or 7 weeks of benefits, for claims after January 1, 2025. Beginning January 1, 2026 employees are eligible for up to 8 weeks of benefits. Benefit year is a 52-week period beginning the Sunday, of the week the employee is not able to work, forward. These maximums are shared with any benefits paid under the Temporary Disability Insurance program2.

Bone Marrow and Organ Donor leave have different length requirements but count towards the overall maximum allowed under the law:

  • Bone Marrow duration includes any time necessary for procedures/testing, or surgery and must allow up to 5 business days to recover from transplant.

  • Organ Donation duration includes any time necessary for procedures/testing, or surgery and must allow up to 30 business days to recover from transplant.

Medical Leave

  • Marrow Donor: employee must be donating bone marrow or participating in procedures, medical related testes, or surgeries.

  • Organ Donor: employee must be donating bone marrow or participating in procedures, medical related testes, or surgeries.

Family Leave

  • Adoption/Foster Care: Care for and bond with a child during the first year after placement through adoption or foster care.

  • Bonding: Care for and bond with a new child during the first year after birth.

  • Family Health Condition: Care for a family member with a serious health condition.

Qualifying Family Member

  • Parent (Parent in-law, Adoptive, Foster, Stepparent, Domestic Partner’s parents, Legal Guardian, In Loco Parentis)

  • Spouse (includes common law marriage)

  • Domestic Partner (civil union must be established)

  • Child of any age for care of family member (Adopted, Foster, Stepchild, Legal Ward, child of domestic partner, In loco parentis)

  • Grandparent

  • Sibling (biological, step, half, foster or adopted siblings)

  • Employee/Self*

*Applies only to Organ and Bone Marrow donation.

How Leave Can be Taken

Employees must take leave consecutively for any qualifying reason.

  • Consecutive leave: A continuous, uninterrupted period of leave taken for a single qualifying reason.

Certification Requirements

Certification forms are provided by the state directly to the employee, after filing a claim for benefits. Additional information to support a familial relationships. Forms should be returned directly back to the state by the employee.

The state will reach out to the employer to confirm certain aspects of the employee’s claim.

Pay and Benefits

Where state pay benefits are involved with other law interactions, such as state mandated paid leave, employers will want to consider where PTO/employer pay benefit application should occur. The employee must be out at least 7 consecutive days to receive benefits.

Amount of Pay

RITCI pays a weekly benefit amount calculated by reviewing the employee’s wages in the last quarters of a calendar benefit year, determined by the state, and choosing the employee’s highest wages in the quarters reviewed. A percentage, determined by the state, is then applied to the highest wages in the employee’s quarters up to a max benefit cap which varies from year to year.

The state typically updates the percentage amounts year over year. Employers should check with the Rhode Island TCI website when advising employees what to expect in benefit amount.

Use of Paid Time Off (PTO)/Employer Benefits

An employee may choose to use any accrued employer benefits including any disability programs of the employer. It is important to note that employees may continue to receive TCI benefits on top of the employer benefits. Employers may want to review their policies on application of other employer benefits while an employee is receiving state benefits.

Job Protection

An employee should be returned to the same or equivalent position with same rate of pay, status, benefits, and conditions as they had before the leave began.

Other Protections

There are no other protections offered under the law.

Benefits

Benefits are protected, and should continued by the employer.3

Interaction with Other Laws

Where an employee meets the definition of family member, qualifying absence reason, or serious health condition, the state and federal laws may interact. Accommodations that are not leave related, would not run concurrently with other state or federal leave laws.

Family and Medical Leave Act (FMLA)

FMLA may run concurrently with RITCI

Rhode Island Parental and Family Leave (RIFML)

RIFML may run concurrently with RITCI.

Rhode Island Pregnancy Disability Leave (RIPDL)

RIPDL may run concurrently with RITCI where applicable.

Rhode Island Temporary Disability Insurance (RITDI)

RITDI does not run concurrently with RITCI. Benefits cannot be collected for both programs simultaneously. Employees will need to contact the state on their claim and discuss interaction with their TCI benefits.

Employee and Employer Responsibilities

Employee Responsibilities

  • Notify employer and file claim with state 30 days prior to leave event when advance notice is possible;

  • Respond to requests for information from the state and return back to the state;

  • Confirm end date of leave with the state;

  • Follow employer policies and procedures for time off reporting.

Employer Responsibilities

  • Posting requirements are provided by the state and all posters must be a place that is conspicuous/frequented by employees:

    • Must also be provided at time of hire and at the time an employee may be taking leave that qualifies under RITCI;

  • Create account and Register for RITCI;

  • Report employee wages and employee counts;

  • Withhold and send employee contributions;

  • Maintain payroll records;

  • Respond timely to inquiries from the state; and

  • Determine employer payment with state benefits.

Resources

Footnotes:

  1. R.I. Gen. Laws § 28-41-11 (b)(1)

  2. R.I. Gen. Laws § 28-41-35 (e)

  3. R.I. Gen. Laws § 28-41-35(g)