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Rhode Island Temporary Disability 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 Disability Insurance(RITDI) provides job protection and income replacement to eligible employees for their own health conditions.

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.

RITDI 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 Disability Insurance is configured in AbsenceSoft with the policy code and naming below:

  • Rhode Island Temporary Disability Insurance RI-STD

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 39, Section 1 et seq (R.I. Gen. Laws § 28-39-1 et seq.)

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

Employees are capped at 36% of total base period wages divided by their weekly benefit rate to determine weeks that are payable under the program. The maximum available is 30 calendar weeks, which is shared between TCI and TDI benefits.2 Benefit year is a 52-week period beginning the Sunday of the week the employee is not able to work forward.

Medical Care

  • Employee Health Condition: Care for the employee’s own serious health condition.

  • Pregnancy/Maternity: Pregnancy-related disability, complications arising out of pregnancy or childbirth, recovery from childbirth, pregnancy loss, abortion, and post-pregnancy disabilities such as post-partum may be covered3.

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.

💡 In limited circumstances leave may be granted in less than consecutive increments. The employee must have met the 7 day stipulation for this to apply.4

Certification Requirements

Certification forms are provided by the state directly to the employee, after filing a claim for benefits. 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. There is no waiting period, however the employee must be out at least 7 consecutive days to receive benefits.

Amount of Pay

RITDI 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 TDI 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 TDI 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

There is no job protection under this law.

Other Protections

There are no other protections offered under the law.

Benefits

Benefits are protected, and should continue, however, the regulations do not address how the employer or employee should be maintaining such benefits. Employers are not able to collect their portion from the employee to continue benefits for the employee.

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 RITDI.

Rhode Island Parental and Family Leave (RIFML)

RIFML may run concurrently with RITDI.

Rhode Island Pregnancy Disability Leave (RIPDL)

RIPDL may run concurrently with RITDI where applicable.

Rhode Island Temporary Caregiver Insurance (RITCI)

RITCI does not run concurrently with RITDI. RITCI is for a family member’s health condition or bonding and administered by the state of Rhode Island. Employees will need to contact the state on their claim and discuss interaction with their TDI benefits.

Unemployment

There are limited circumstances where employees may be eligible for RITDI benefits during unemployment but will not receive payment for unemployment if RITDI is being paid. Most situations, unemployment disqualifies an employee from receiving RITDI.

Worker’s Compensation

An employee may not receive RITDI and worker’s compensation benefits unless the claim is still being determined or denied. The employee will need to contact the state of their RITDI if they are approved for worker’s compensation 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 RITDI;

  • Create account and Register for RITDI;

  • 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 § 28-41-8

  4. R.I. Gen. Laws § 28-41-5 (d)