Rhode Island temporary caregiver leave to increase

07/10/2024

Leave increases first to seven, then to eight weeks

Rhode Island Governor Dan McKee signed a bill (H7171) into law on June 25 expanding the state’s Temporary Caregiver Insurance (TCI) benefits.

Currently, TCI benefits are limited to a maximum of six weeks in a benefit year. That limit is set to increase on the following dates:

  • January 1, 2025: TCI benefits are limited to a maximum of seven weeks in a benefit year.
  • January 1, 2026: TCI benefits are limited to a maximum of eight weeks in a benefit year.

When the law first took effect in 2014, the limit was set at four weeks. The threshold has been increased several times over the past few years.

Employers must deduct TCI tax from Rhode Island employees' wages and send it quarterly to the state’s Employer Tax Unit.

Employees may take the leave if they are:

  • Caring for a seriously ill family member, including a child, spouse, parent, parent in-law, grandparent, or domestic partner; or
  • Bonding with a newborn baby, an adopted child, or a foster child within the first 12 months of parenting.

Employees are not entitled to take the TCI leave intermittently, however. TCI leave must be continuous.

Employees are eligible for TCI benefits if they earned enough in Rhode Island qualifying wages to be monetarily eligible and paid into the state fund.

To receive their monetary benefits, employees must file claims with the Rhode Island Department of Labor and Training (DLT) within 30 days after the first day of leave is taken for reasons listed above.

Employees must provide the DLT with:

  • Medical evidence of the seriously ill family member and the need to provide care, or
  • Proof of a parent-child relationship for bonding claims.

Employees may receive TCI benefits if they continue to be paid a salary, sick or vacation pay, or receive benefits from an added disability insurance policy, while they are unable to work due to caregiving or bonding needs. They must not, however, perform any work for the company while on leave.

Time off under the federal Family and Medical Leave Act can run concurrently with Rhode Island TCI leave if the employee is eligible for both, and the reason qualifies for both.

Key to remember: 

Employees will be entitled to take up to seven weeks of temporary caregiver leave beginning January 1, 2025, and up to eight weeks of temporary caregiver leave January 1, 2026.

This article was written by Darlene M. Clabault, SHRM-CP, PHR, CLMS, of J. J. Keller & Associates, Inc. The content of these news items, in whole or in part, MAY NOT be copied into any other uses without consulting the originator of the content.

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