reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-3.2. - Notice to segregate trust funds.

§ 28-40-3.2. Notice to segregate trust funds.
If the director believes that the payment to the state of the trust fund established under § 28-40-3.1 will be jeopardized by delay, neglect, or misappropriation, he or she shall then notify the employer that the trust fund shall be segregated, and be kept separate and apart from all other funds and assets of the employer and shall not be commingled with any other funds or assets. That notice shall be given by either hand delivery or by registered mail, return receipt requested. Within four (4) days after the sending of that notice, all taxes that subsequently either become collectible or are collected shall be deposited weekly in any financial institution in the state and those contributions shall be designated as a special fund in trust for the state and payable to the state by the employer as trustee of that fund.
History of Section.
P.L. 1985, ch. 497, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-3.3. - Penalty for misappropriation.

§ 28-40-3.3. Penalty for misappropriation.
Any employer and any officer, agent, servant, or employee of any corporate employer responsible for either the withholding or payment of contributions, who appropriates or converts the contributions withheld to his or her own use or to any use other than the payment of the contributions, to the extent that the money required to be withheld is not available for payment on the due date as prescribed in this chapter, shall upon conviction for each offense be fined not more than one thousand dollars ($1,000) or be imprisoned for not exceeding one year, or shall be both fined and imprisoned, the fine and imprisonment to be in addition to any other penalty provided by this chapter.
History of Section.
P.L. 1985, ch. 497, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-3.4. - Setoff for delinquent contributions.

§ 28-40-3.4. Setoff for delinquent contributions.
If the director determines that any individual, or employing unit or its agent, has failed or refused to transmit contributions withheld from the wages of employees in accordance with chapters 39 — 41 of this title, the director shall notify the state controller of this delinquency. The state controller, upon certification of the amount of the delinquency by the director, shall set off the amount of the delinquency against any payment due that person or entity and the director shall credit that amount against the contributions due. The director may not seek setoff until such time as a delinquency determination for the contributions has been directed to the person or entity. If a person or entity assessed a delinquency determination for contributions has requested a hearing on the assessment within the applicable statutory period, no request for setoff may be made while the matter is pending in the hearing or from any appeal from the hearing.
History of Section.
P.L. 1993, ch. 301, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-4. - Employer’s liability for contributions not withheld.

§ 28-40-4. Employer’s liability for contributions not withheld.
If any employer fails to deduct the contributions of any of the employer’s employees at the time their wages are paid or fails to make a deduction at the time wages are paid for the next succeeding payroll period, the employer alone shall subsequently be liable for those contributions, and, for the purposes of §§ 28-39-23 — 28-39-32 and 28-40-9 — 28-40-16 those contributions shall be treated as employers’ contributions required from him or her.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1946, ch. 1744, § 3; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2828, § 1; G.L. 1956, § 28-40-4.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-5. - Adjustment of erroneous deductions or payments.

§ 28-40-5. Adjustment of erroneous deductions or payments.
If more or less than the correct amount of contributions imposed under §§ 28-40-1 — 28-40-4 is paid with respect to any wage payments, then, under prescribed regulations, proper adjustments with respect to the contributions shall be made, without interest, in computing contributions next due and payable after the discovery of the error with respect to the next subsequent wage payment by the same employer. If more or less than the correct amount of contributions imposed under §§ 28-40-1 — 28-40-4 is paid with respect to any wage payment, then, under prescribed regulations, proper adjustments with respect to both the contributions and the amount to be deducted shall be made, without interest, in connection with the next wage payment to the same employee by the same employer.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-40-5.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-6. - Overpayments.

§ 28-40-6. Overpayments.
(a)
If an employer or employee makes application for refund or credit of any amount paid as contributions or interest under this title, and the director determines that the amount or any portion of it was erroneously collected, the director shall, in his or her discretion, either allow a credit for it, or by voucher duly drawn by the director in an amount and in any manner that the director may prescribe, direct the general treasurer to pay the amount determined to be erroneously collected from the temporary disability insurance reserve fund.
(b)
If, in the discretion of the director, a credit is to be allowed, that credit shall be applied against the payment or payments of contributions next due from that employer subsequent to the determination of the director.
(c)
No refund or credit shall be allowed with respect to a payment as contributions or interest, unless an application for it is made in writing on or before whichever of the following dates is later:
(1)
One year from the date on which the payment was made; or
(2)
Three (3) years from the last day of the period with respect to which the payment was made.
(d)
For a like cause and within the same period, a refund may be made, or a credit allowed, on the motion of the director.
(e)
No interest shall be allowed or paid with respect to any refund.
(f)
No refund or credit shall be allowed if the amount involved is less than one dollar ($1.00).
(g)
Nothing in this title shall be construed to authorize any refund or credit of money due and payable under the law and regulations in effect at the time the money was paid.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1947, ch. 1923, art. 2, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1956, ch. 3667, § 1; G.L. 1956, § 28-40-6; P.L. 1958, ch. 186, § 1; P.L. 1959, ch. 166, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-6.1. - Refunds to persons with disabilities.

§ 28-40-6.1. Refunds to persons with disabilities.
(a)
Disabled persons employed through a “supported employment” program as described in the federal Rehabilitation Act amendments of 1992 (see 29 U.S.C. § 701 et seq.) and who: (1) Were or are ineligible to receive temporary disability benefits because their pay is too low and (2) During one or more periods of such ineligibility they made contributions to the temporary disability insurance fund, shall be entitled to a refund of the contributions, without interest.
(b)
A person eligible for a refund pursuant to subsection (a) of this section for contributions made during the period commencing three (3) years prior to June 30, 1995, shall be entitled for one year after that date to apply for a refund of the contribution, and shall have one year from the date of contribution to apply for a refund of contributions made after June 30, 1995.
History of Section.
P.L. 1995, ch. 206, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-6.2. - Setoff for delinquent income taxes.

§ 28-40-6.2. Setoff for delinquent income taxes.
(a)
If the tax administrator determines a person has neglected or refused to pay personal income taxes as defined in chapter 30 of title 44, the tax administrator shall notify the director of labor and training of the delinquency. The director, upon certification of the amount of tax delinquency by the tax administrator, shall set off the amount of the tax delinquency against any temporary disability insurance tax refund due that person and shall forward that amount to the tax administrator.
(b)
The tax administrator may not seek such a setoff unless a delinquency determination for the personal income tax has first been directed to the person. Provided, further, that if a person assessed a delinquency determination for the personal income tax has requested a hearing within the statutory period, no request for setoff may be made while the matter is pending in hearing or any appeal from the hearing.
History of Section.
P.L. 2003, ch. 376, art. 32, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-7. - Appeals to board of review.

§ 28-40-7. Appeals to board of review.
Any employer, employee, or other person aggrieved by any decision of fact or law by the director as to his, her, or its liability to make contributions or to withhold and pay contributions, or as to the amount of contributions due from or to be withheld and paid by him, her, or it under chapters 39 — 41 of this title, or by any refusal of the director to grant a refund or credit under § 28-40-6, may, either on behalf of himself or herself, or on behalf of his or her employees or other persons aggrieved by the decision, or on behalf of both himself or herself and those employees or persons, within fifteen (15) days after notice of the decision has been mailed to his, her, or its last-known address, file an appeal in writing with the board of review, setting forth the grounds for the appeal. If an appeal is duly filed, the board of review shall set a time and place to give the appellant an opportunity to show cause as to why the decision of the director should be changed. Following that hearing, the board of review shall, as promptly as possible, notify the appellant and the director of its decision on the appeal. The decision shall become final unless the appellant or the director files an appeal to the courts in accordance with §§ 28-41-26 — 28-41-29.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1949, ch. 2176, § 1; P.L. 1949, ch. 2276, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-7; P.L. 1958, ch. 186, § 1; P.L. 1964, ch. 112, § 1; P.L. 1995, ch. 323, § 14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-8. - Date from which employees become subject to provisions.

§ 28-40-8. Date from which employees become subject to provisions.
If any employing unit that is or becomes an employer subject to chapters 39 — 41 of this title within the calendar year 1942, or within any calendar year after that, the employees of that employing unit shall become subject to all the provisions of those chapters from the date upon which that employing unit became an employer subject to the provisions of those chapters.
History of Section.
P.L. 1942, ch. 1200, § 4; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-40-8.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-9. - Interest on delinquent payments.

§ 28-40-9. Interest on delinquent payments.
Employers who fail to make payment of contributions, as required by chapters 39 — 41 of this title, or by the prescribed rules and regulations, shall be additionally liable to the temporary disability insurance reserve fund for interest on those delinquent payments at the rate of one and one-half percent (1
1
/
2
%) per month from the date the payment became due until paid.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1947, ch. 1923, art. 2, § 6; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1951, ch. 2841, § 2; G.L. 1956, § 28-40-9; P.L. 1981, ch. 26, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-10. - Priority of contributions in insolvency or bankruptcy.

§ 28-40-10. Priority of contributions in insolvency or bankruptcy.
In the event of any distribution of an employer’s assets pursuant to an order of any court under the laws of this state, including any receivership, assignment for benefit of creditors, adjudicated insolvency, composition, or similar proceeding, contribution payments then or subsequently due shall have the same priority as given to wage claims of not more than one hundred dollars ($100) to each claimant, earned within six (6) months of the commencement of the proceeding. In the event of an employer’s adjudication in bankruptcy, judicially confirmed extension proposal, or composition, under the federal Bankruptcy Act, 11 U.S.C. § 101 et seq., contributions then or subsequently due shall be entitled to the priority provided in 11 U.S.C. § 507.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-40-10; P.L. 1986, ch. 198, § 24.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-11. - Determination of unreported contributions due.

§ 28-40-11. Determination of unreported contributions due.
If an employer for any reporting period fails to make any report used for the purpose of determining the amount of contributions payable under chapters 39 — 41 of this title at the time and in the manner required by the prescribed rules and regulations, or if those reports when filed are incorrect or insufficient, and the employer fails to file a corrected or sufficient report within twenty (20) days after the director has required it by written notice, the director shall determine on the basis of such information as the director may be able to obtain, the amount of contributions due from that employer, and the director shall give written notice to any employer of the amount of contributions so determined. That determination shall finally and irrevocably fix the amount of contributions due unless the employer, within twenty (20) days after the giving of that notice, applies to the board of review for a hearing, or unless the director on his or her own volition reduces the amount.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-11.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-12. - Civil action to recover contributions.

§ 28-40-12. Civil action to recover contributions.
If any employer fails to make any payment of contributions or interest on them at the time and in the manner required by the prescribed rules and regulations, the amount of contributions so due shall be collected by civil action. All civil actions shall be instituted in the name of the director, and he or she shall be exempt from giving any surety for costs. Civil actions brought under this section, to collect contributions or interest on them, shall be heard by the court having jurisdiction at the earliest possible date, and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for a judicial review under chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1947, ch. 1951, § 1; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-12; P.L. 1985, ch. 150, § 37.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-13. - Representation of director in civil actions.

§ 28-40-13. Representation of director in civil actions.
In any civil action brought to enforce chapters 39 — 41 of this title, the director may be represented by any qualified attorney whom the director has designated and employed for this purpose or, at the director’s request, by the attorney general.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-40-13.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-15. - Notice of transfer of business — Contributions due immediately.

§ 28-40-15. Notice of transfer of business — Contributions due immediately.
The sale or transfer by any employer other than receivers, assignees under a voluntary assignment for the benefit of creditors, trustees in bankruptcy, or public officers acting under judicial process, of the major part in value of the assets of that employer otherwise than in the ordinary course of trade and the regular and usual prosecution of that employer’s business, shall be fraudulent and void as against the state, unless that employer shall, at least five (5) days before the sale or transfer, notify the director of the proposed sale or transfer and of its price, terms, and conditions and of the character and location of those assets. Whenever that employer makes that sale or transfer, all contributions imposed by this chapter shall be paid at the time when the director is so notified or, if he or she is not so notified, at the time when he or she should have been notified.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1956, ch. 3664, § 1; G.L. 1956, § 28-40-15; P.L. 1958, ch. 191, § 1; P.L. 1985, ch. 281, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-16. - Collection powers.

§ 28-40-16. Collection powers.
(a)
The director shall have, for the collection of the contributions imposed by this chapter, all powers as are prescribed for collection of contributions in this title. The director may require any person subject to the taxes imposed by this chapter to file with him or her a bond, issued by a surety company authorized to transact business in this state, in such an amount as the director may fix, to secure the payment of the contributions, penalties, and interest due or that may become due from that employer.
(b)(1)
The director may require the employer to deposit with the general treasurer a bond by way of cash or other security satisfactory to the director in an amount to be determined by the director, but not greater than an amount equal to double the amount of the estimated tax that would normally be due from the employer each month under this chapter, but in no case shall the deposit be less than one hundred dollars ($100).
(2)
Where an employer who has deposited a bond with the general treasurer under subsection (b)(1) of this section has failed to collect or remit contributions in accordance with this chapter, the director may, upon giving written notice to the employer by registered mail or personal service, apply the bond in whole or in part to the amount that should have been collected, remitted, or paid by the employer.
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1956, ch. 3664, § 1; G.L. 1956, § 28-40-16; P.L. 1958, ch. 191, § 1; P.L. 1985, ch. 281, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-17. - [Repealed.]

§ 28-40-17. [Repealed.]
History of Section.
P.L. 1942, ch. 1200, § 11; P.L. 1956, ch. 3664, § 1; G.L. 1956, § 28-40-17; P.L. 1958, ch. 191, § 1; P.L. 1976, ch. 140, § 7; Repealed by P.L. 1985, ch. 281, § 4, effective June 19, 1985.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-40 - Temporary Disability Insurance — Contributions › Section 28-40-18. - Waiver of contributions and interest under one dollar.

§ 28-40-18. Waiver of contributions and interest under one dollar.
If the total amount due to the department of labor and training from an employer in contributions and/or interest for any period is less than one dollar ($1.00), this amount shall not be assessed.
History of Section.
G.L. 1956, § 28-40-18; P.L. 1958, ch. 185, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-1. - Fund from which benefits payable — Agencies through which paid.

§ 28-41-1. Fund from which benefits payable — Agencies through which paid.
Benefits shall be payable from the fund and shall be paid through employment offices, or any other agencies that the director may designate and the federal Social Security Administration may approve, in accordance with prescribed regulations.
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2810, § 2; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-2. - Wages included for benefit purposes.

§ 28-41-2. Wages included for benefit purposes.
Notwithstanding any provisions of chapters 39 — 41 of this title to the contrary, “wages” as used in the phrase “wages for employment from employers” means, with reference to the benefits provisions of chapters 39 — 41 of this title, only those wages that are paid subsequent to the date upon which the employing unit, by whom those wages were paid, has satisfied the conditions of § 28-39-2(12) with respect to becoming an employer subject to those chapters. No individual shall be denied benefits under chapters 39 — 41 of this title because his or her employer continued to pay to that individual his or her regular wages, or parts of them, while he or she was sick and unable to perform his or her regular or customary work or services. The amount of any payments, whether or not under a plan or system, made to or on behalf of an employee by his or her employer after the expiration of six (6) calendar months following the last calendar month in which the employee performed actual bona fide personal services for that employer, shall not be deemed to be wages for the purpose of being used as a basis for paying benefits under this chapter.
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2828, § 2; G.L. 1956, § 28-41-2; P.L. 1964, ch. 121, § 2; P.L. 1971, ch. 95, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-3. - Inclusion of unpaid wages.

§ 28-41-3. Inclusion of unpaid wages.
Wages earned by an employee for employment from employers, which remain unpaid because the assets of the employer for whom that employment was rendered are in the custody or control of an assignee for the benefit of a creditor, receiver, trustee, or any other fiduciary appointed by or under the control of a court of competent jurisdiction, shall, for all purposes of §§ 28-41-1 — 28-41-6 and § 28-41-11, be deemed to be, and shall be treated as though those wages had been paid to that employee during the calendar year within which those wages were earned.
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-4. - [Repealed.]

§ 28-41-4. [Repealed.]
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1948, ch. 2176, § 1, ch. 2194, § 1; P.L. 1951, ch. 2843, § 1; P.L. 1955, ch. 3431, § 1; P.L. 1958, ch. 211, § 1; Repealed by P.L. 1995, ch. 323, § 15, effective July 5, 1995.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-7. - Total amount of benefits.

§ 28-41-7. Total amount of benefits.
The total amount of benefits payable during a benefit year to any eligible individual shall be an amount equal to thirty-six percent (36%) of the individual’s total wages for employment by employers subject to chapters 39 — 41 of this title during his or her base period; provided, that no individual shall be paid total benefits in any benefit year that exceed thirty (30) times his or her weekly benefit rate; provided further, that dependents’ allowances to which he or she might be entitled under § 28-41-5 shall be in addition to these total benefits. If the total amount of benefits is not an exact multiple of one dollar ($1.00), then it shall be raised to the next higher multiple of one dollar ($1.00).
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2853, § 1; G.L. 1956, § 28-41-7; P.L. 1958 (s.s.), ch. 211, § 3; P.L. 1985, ch. 357, § 1; P.L. 1990, ch. 272, § 2; P.L. 2000, ch. 109, § 38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-8. - Pregnancy benefits.

§ 28-41-8. Pregnancy benefits.
An eligible individual who is unemployed due to sickness resulting from pregnancy, childbirth, miscarriage, or abortion shall be entitled to receive those benefits that are regularly provided for unemployment due to sickness in chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1946, ch. 1744, § 5; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2853, § 1; G.L. 1956, § 28-41-8; P.L. 1960, ch. 154, § 1; P.L. 1963, ch. 190, § 1; P.L. 1969, ch. 149, § 1; P.L. 1978, ch. 291, § 1; P.L. 1980, ch. 405, § 1; P.L. 1981, ch. 211, § 3; P.L. 2000, ch. 109, § 38.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-9. - Lag day benefits.

§ 28-41-9. Lag day benefits.
(a)
An individual who, having been unemployed due to sickness and who is in receipt of benefits under this chapter, returns to work prior to the end of the immediately succeeding week, shall be entitled to one-fifth (⅕) of his or her benefit rate for each day of unemployment due to sickness in which work is ordinarily performed in the occupation in which he or she is employed during the week in which he or she returns to work, figured to the highest dollar, including any holiday when the performance of services is waived by his or her employer; provided, that in no case shall any individual be entitled to more than four-fifths (⅘) of his or her benefit rate, figured to the highest dollar, for that week.
(b)
An individual who, having been unemployed due to sickness at a later date during his or her benefit year, again becomes unemployed due to sickness, and refiles his or her claim for benefits, shall, if his or her first day of unemployment begins on a day subsequent to the first day of any week, be entitled to one-fifth (⅕) of his or her benefit rate for each day in that week in which work is ordinarily performed in the occupation in which he or she was last employed, including any holiday when the performance of services is waived by his or her employer, figured to the highest dollar, if his or her unemployment continues for seven (7) consecutive calendar days, including the first day of unemployment due to sickness for which he or she has refiled his or her claim. In no case shall any individual be entitled to more than four-fifths (⅘) of his or her benefit rate, figured to the highest dollar, for the week in which his or her unemployment begins on a day subsequent to the first day of that week.
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1950, ch. 2538, § 1; P.L. 1953, ch. 3153, § 1; G.L. 1956, § 28-41-9; P.L. 1958 (s.s.), ch. 211, § 3; P.L. 1961, ch. 97, § 1; P.L. 1962, ch. 25, § 1; P.L. 1970, ch. 95, § 1; P.L. 1971, ch. 108, § 1; P.L. 2008, ch. 443, § 1; P.L. 2012, ch. 33, § 2; P.L. 2012, ch. 42, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-10. - Benefits payable for last week of benefit year.

§ 28-41-10. Benefits payable for last week of benefit year.
Notwithstanding any provision of chapters 39 — 41 of this title to the contrary, if the benefit year of an individual terminates prior to the end of a week throughout which he or she is unemployed due to sickness and eligible and his or her benefit credits for that benefit year have not been exhausted, then that individual shall be entitled to receive for that week the full amount of benefits that he or she would have received if his or her benefit year had not so terminated; provided, that this shall in no manner affect the establishment of a new base period and benefit year in accordance with § 28-39-2(2) and (6).
History of Section.
P.L. 1942, ch. 1200, § 5; P.L. 1955, ch. 3430, § 2; G.L. 1956, § 28-41-10.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-11. - Eligibility.

§ 28-41-11. Eligibility.
(a)
For benefit years beginning on or after July 1, 1981, and prior to October 7, 1990, an individual shall be deemed eligible for benefits for any given week of his or her unemployment due to sickness only if he or she has, within the base period immediately preceding the benefit year in which that week of unemployment occurs, earned wages amounting to at least twenty (20) times the minimum hourly wage as defined in chapter 12 of this title, in each of at least twenty (20) weeks or, in the alternative, in an amount equal to three (3) times the total minimum amount required in this chapter.
(b)
In order to be deemed eligible for benefits, an individual whose benefit year begins on or after October 7, 1990, must have been paid wages in:
(1)
Any one calendar quarter of the base period that are at least two hundred (200) times the minimum hourly wage, as defined in chapter 12 of this title, and must have been paid wages in the base period amounting to at least one and one-half (1½) times the wages paid to the individual in that calendar quarter of the base period in which the individual’s wages were highest; provided, that the minimum amount of total base period wages paid to the individual must be at least four hundred (400) times the minimum hourly wage, as defined in chapter 12 of this title. The base period wages must have been paid to the individual for performing services in employment for one or more employers subject to chapters 39 — 41 of this title; or, in the alternative,
(2)
The base period for performing services in employment for one or more employers subject to chapters 39 — 41 of this title amounting to at least three (3) times the total minimum amount required in subsection (b)(1) of this section.
(c)
In addition to the provisions of subsection (b) of this section, for benefit years that begin on or after July 1, 2012, an individual must have been unemployed due to sickness for at least seven (7) consecutive days in order to be eligible for benefits.
History of Section.
P.L. 1942, ch. 1200, § 6; P.L. 1946, ch. 1744, § 6; P.L. 1947, ch. 1948, § 1; P.L. 1949, ch. 2176, § 1; P.L. 1951, ch. 2843, § 2; P.L. 1953, ch. 3153, § 2; P.L. 1955, ch. 3518, § 1; G.L. 1956, § 28-41-11; P.L. 1958 (s.s.), ch. 211, § 3; P.L. 1981, ch. 211, § 3; P.L. 1990, ch. 272, § 2; P.L. 1992, ch. 186, § 1; P.L. 2012, ch. 33, § 2; P.L. 2012, ch. 42, § 2.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-12. - [Repealed.]

§ 28-41-12. [Repealed.]
History of Section.
P.L. 1942, ch. 1200, § 6; P.L. 1947, ch. 1949, § 1; P.L. 1949, ch. 2176, § 1; P.L. 1955, ch. 3429, § 1; G.L. 1956, § 28-41-12; P.L. 1958, ch. 193, § 1; P.L. 1958 (s.s.), ch. 211, § 4; P.L. 1961, ch. 97, § 2; P.L. 1985, ch. 356, § 1; P.L. 2000, ch. 109, § 38; P.L. 2008, ch. 443, § 1; Repealed by P.L. 2012, ch. 33, § 3, effective July 1, 2012; P.L. 2012, ch. 42, § 3, effective July 1, 2012.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-13. - Disqualification by receipt of unemployment compensation benefits.

§ 28-41-13. Disqualification by receipt of unemployment compensation benefits.
(a)(1)
An individual shall be disqualified from receiving benefits during any week with respect to which he or she will receive remuneration in the form of benefits under an unemployment compensation law of any state or of the United States.
(2)
Notwithstanding any provisions of chapters 39 — 41 of this title to the contrary, an individual receiving unemployment compensation and who is injured while unemployed and who is then denied unemployment compensation as a result of those injuries, shall, if otherwise eligible, be entitled to receive temporary disability insurance benefits without serving a waiting period as required in § 28-41-12 [repealed].
(b)
Notwithstanding any provisions of chapters 39 — 41 of this title to the contrary, if an individual has been determined to have been paid unemployment compensation benefits and/or dependents’ allowances under chapters 42 — 44 of this title, for the same week or weeks with respect to which the individual was entitled to receive temporary disability insurance benefits and/or dependents’ allowances under chapters 39 — 41 of this title, that individual shall, at the discretion of the director, be liable to have that sum deducted from any benefits payable to him or her under chapters 39 — 41 of this title for the same week or weeks, to reimburse the director for the employment security fund.
History of Section.
P.L. 1942, ch. 1200, § 6; P.L. 1943, ch. 1367, § 2; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-13; P.L. 1988, ch. 184, § 1; P.L. 1993, ch. 302, § 1; P.L. 2022, ch. 234, art. 1, § 19, effective December 31, 2022.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-14. - Disqualification by conviction of fraud.

§ 28-41-14. Disqualification by conviction of fraud.
(a)
An individual who has been convicted by a court of competent jurisdiction of knowingly or fraudulently making a false statement, or knowingly or fraudulently misrepresenting a material fact, with intent to defraud the temporary disability insurance fund of any benefit or wrongfully to obtain or increase any benefit, either for himself or herself or for any other person, shall be disqualified from receiving benefits for a period of one year following that conviction.
(b)
This disqualification shall be imposed by the director and shall be in addition to any criminal penalty which may be imposed under any other provision in chapters 39 — 41 of this title.
History of Section.
P.L. 1942, ch. 1200, § 6; P.L. 1953, ch. 3153, § 3; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-14.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-15. - Filing of claims — Restriction on benefits — Copies of law and regulations.

§ 28-41-15. Filing of claims — Restriction on benefits — Copies of law and regulations.
(a)
Benefit claims shall be filed pursuant to prescribed regulations.
(b)
No individual shall be eligible for benefits under this title for any week of unemployment due to sickness that occurs more than ninety (90) days prior to the time when written notice of his or her claim for benefits is mailed or delivered to the department of labor and training or such other agency as the director may designate. Notwithstanding the above, the director may extend the claim filing period up to twenty-six (26) weeks if the individual can show a good, medical reason for the delay in filing the claim for benefits.
(c)
Each employer shall post and maintain printed statements of subsection (b) and of those regulations, in places readily accessible to individuals in his or her service. Those printed statements shall be supplied by the director to each employer without cost to that employer.
(d)
Upon the filing of a claim, the director shall promptly mail a notice of the filing of the claim to the claimant’s most recent employer and to all employers for whom the claimant states he or she performed services and earned wages during his or her base period. The employers shall promptly furnish the information required to determine the claimant’s benefit rights. If the claimant’s employer or employers have any information that might affect either the validity of the claim or the right of the claimant to waiting period credit or benefits, the employer shall return the notice with this information. Notwithstanding any inconsistent provisions of chapters 39 — 41 of this title, any employer who or that fails, without good cause as established to the satisfaction of the director, to return the notice within seven (7) working days of its mailing shall pay a penalty of twenty-five dollars ($25.00) for each failure. This penalty shall be paid into the temporary disability insurance reserve fund and, if any employer fails to pay the penalty, when assessed, it shall be collected by civil action as provided in § 28-40-12.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-15; P.L. 1964, ch. 115, § 1; P.L. 1987, ch. 418, § 1; P.L. 1998, ch. 311, § 1; P.L. 2016, ch. 142, art. 3, § 3.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-16. - Determination of claim.

§ 28-41-16. Determination of claim.
(a)
Upon the filing of a claim, the director shall promptly examine the claim and on the basis of facts found by the director and records maintained by the department, the claim shall be determined to be valid or invalid. If the claim is determined to be valid, the director shall promptly notify the claimant as to the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of those benefits. If the claim is determined to be invalid, the director shall likewise notify the claimant and any other interested parties of that determination and the reasons for it. If the processing of the claim is delayed for any reason, the director shall notify the claimant, in writing, within three (3) weeks of the date the application for benefits is filed of the reason for the delay. Unless the claimant or any other interested party, within fifteen (15) days, requests a hearing before the board of review, the determination with reference to the claim is final. However, for good cause shown the fifteen-day (15) period may be extended after notification by the director has been mailed to his or her last known address, as provided in this section. At any time within one year from the date of a monetary determination, the director, upon request of the claimant or on his or her own motion, may reconsider his or her determination if he or she finds that an error in computation or identity has occurred in connection with it or that additional wages pertinent to the claimant’s status have become available, or if that determination has been made as a result of a nondisclosure or misrepresentation of a material fact.
(b)
If an appeal is duly filed, benefits with respect to the period prior to the final decision, if it is found that those benefits are payable, shall be paid only after the decision. If an appeal tribunal affirms a decision of the director, or the board of review affirms a decision of an appeal tribunal allowing benefits, those benefits shall be paid regardless of any appeal which may subsequently be taken.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; P.L. 1956, ch. 3669, § 1; G.L. 1956, § 28-41-16; P.L. 1960, ch. 130, § 1; P.L. 1969, ch. 87, § 1; P.L. 1988, ch. 179, § 1; P.L. 1998, ch. 311, § 1; P.L. 2004, ch. 6, § 50.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-17. - Appeal tribunals.

§ 28-41-17. Appeal tribunals.
To hear and decide disputed claims, the board of review may appoint one or more impartial referees, each of whom shall constitute an appeal tribunal to hear and decide appeals from determinations and re-determinations. The board may make appointments to this tribunal and fix its salaries in accordance with the state civil service law, rules, and regulations. No person shall participate on behalf of the board in any case in which he or she is an interested party.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-17.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-18. - Filing of appeal — Parties — Withdrawal.

§ 28-41-18. Filing of appeal — Parties — Withdrawal.
Any claimant may file an appeal from the determination of the director to an appeal tribunal within the specified time. The parties to an appeal from a determination shall include all interested parties, including the director. Appeals may be withdrawn at the request of the appellant and with the permission of the appeal tribunal, if the record preceding the appeal and the request for the withdrawal support the correctness of the determination and indicate that no coercion or fraud is involved in the withdrawal.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-18; P.L. 1986, ch. 17, § 1; P.L. 1986, ch. 198, § 25; P.L. 1986, ch. 409, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-19. - Hearing by appeal tribunal — Regulations — Record of proceedings.

§ 28-41-19. Hearing by appeal tribunal — Regulations — Record of proceedings.
A reasonable opportunity for a fair hearing shall promptly be afforded all interested parties. An appeal tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. The board of review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals, consistent with chapters 39 — 41 of this title. A record shall be kept of all testimony and proceedings in an appeal, but testimony need not be transcribed unless further review is initiated.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-19.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-20. - Consolidated appeals.

§ 28-41-20. Consolidated appeals.
When the same or substantially similar evidence is material to the matter in issue with respect to more than one individual, the same time and place for considering all those cases may be fixed, hearings on the evidence jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one proceeding considered as introduced in the others, provided no party is prejudiced thereby.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-20.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-21. - Decision of appeal tribunal or referee.

§ 28-41-21. Decision of appeal tribunal or referee.
(a)
After a hearing, an appeal tribunal shall make findings and conclusions promptly and on the basis of the findings and conclusions affirm, modify, or reverse the director’s determination. Each party shall be promptly furnished a copy of the decision and the supporting findings and conclusions. This decision shall be final unless further review is initiated pursuant to § 28-41-22 within fifteen (15) days after the decision has been mailed to each party’s last known address or otherwise delivered to him or her, provided that that period may be extended for good cause.
(b)
A decision of the referee of the board of review shall be honored and complied with until or unless modified or overruled by the board or a court of competent jurisdiction.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-21; P.L. 1970, ch. 22, § 1; P.L. 1989, ch. 118, § 1; P.L. 1998, ch. 311, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-22. - Appeal to and review by board.

§ 28-41-22. Appeal to and review by board.
Any party in interest, including the director, shall be allowed an appeal to the board of review from the decision of an appeal tribunal. The board on its own motion may initiate a review of a decision or determination of an appeal tribunal within fifteen (15) days after the date of decision. The board may affirm, modify, or reverse the findings or conclusions of the appeal tribunal solely on the basis of previously submitted evidence or upon the basis of such additional evidence as it may direct to be taken.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1946, ch. 1744, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-22; P.L. 1970, ch. 22, § 2; P.L. 1998, ch. 311, § 1.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-23. - Removal to board of cases pending before appeal tribunals.

§ 28-41-23. Removal to board of cases pending before appeal tribunals.
The board of review may remove to itself or transfer to another appeal tribunal any appeal pending before an appeal tribunal. An appeal so removed to the board before a fair hearing has been completed shall be given a fair hearing by the board, as required by § 28-41-19 with respect to proceedings before an appeal tribunal.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1946, ch. 1744, § 7; P.L. 1949, ch. 2176, § 1; G.L. 1956, § 28-41-23.
2023 Rhode Island General Laws › Title 28 - Labor and Labor Relations › Chapter 28-41 - Temporary Disability Insurance — Benefits › Section 28-41-24. - Conclusiveness of decisions — Reopening in cases of fraud or coercion.

§ 28-41-24. Conclusiveness of decisions — Reopening in cases of fraud or coercion.
All final determinations and decisions shall be conclusive upon all parties in interest, including the director. The director, appeal tribunal, or board of review shall reopen a determination or decision or revoke permission for withdrawal of an appeal if:
(1)
He, she, or it finds that a worker or employer has been defrauded or coerced in connection with the determination, decision, or withdrawal of the appeal; and
(2)
The defrauded or coerced person informs the appropriate officer or body of the fraud or coercion within sixty (60) days after he or she has become aware of the fraud or within sixty (60) days after the coercion has been removed.
History of Section.
P.L. 1942, ch. 1200, § 7; P.L. 1949, ch. 2176, § 1; impl. am. P.L. 1953, ch. 3206, § 1; G.L. 1956, § 28-41-24.