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By: Jennifer Markowski and Catherine Scott
Governor Gina Raimondo has declared a state of emergency in the state of Rhode Island and implemented certain measures, such as the closing of public schools through April 3, that have a direct effect on Rhode Island employers. The Rhode Island Department of Labor and Training (RIDLT) continues to issue guidance to Rhode Island employers to help with these issues.
In light of the impact of COVID-19, many employers have needed to consider layoffs, furloughs, salary and time reductions, and other options for reducing costs. Many affected employees are entitled to unemployment benefits. To facilitate the receipt of benefits, RIDLT announced it would suspend the seven-day waiting period for unemployment claims related to layoffs or involuntary furlough due to COVID-19. Employers who are considering furloughs or layoffs due to COVID-19 can contact our office with any questions about these measures.
Paid Leave Benefits
Many employees in Rhode Island will be eligible to use their paid time off and/or sick leave if their offices remain open but they are unable to work due to an illness and/or childcare issues. The Healthy and Safe Families and Workplace Act provides most employees in Rhode Island with one hour of paid sick leave for every 35 hours worked up to 40 hours per year. The size of the employer will impact how the law is applied, and the waiting period will be determined by the class of the employee.
Additionally, the Coronavirus Response Act has been executed by President Trump. The federal legislation mandates that certain employers provide additional paid leave to their employers. You can read here to find out more about the provisions and whether it applies to your business.
Temporary Disability Insurance (TDI) and Temporary Caregiver Insurance (TCI) Benefits
For employees whose offices are open but do not have access to paid leave benefits, Rhode Island offers both TDI and TCI insurance benefits. Similar to unemployment benefits, RIDLT announced it would waive the seven-day out-of-work period required before a claimant can receive TDI and/or TCI benefits. Claimants for such benefits will be allowed to temporarily qualify for benefits via self-attestation of quarantine due to COVID-19, rather than being required to supply medical certification. Moreover, employees who are required to stay home due to issues with childcare may be temporarily eligible for TCI benefits.
We note many Rhode Island workers are likely entitled to job-protected unpaid leave under the Rhode Island Parental and Family Medical Leave Act and/or the federal Family and Medical Leave Act as it stands.
If you have questions about these laws or how they apply to your business, feel free to contact Jen Markowski at [email protected] or Cat Scott at [email protected].
The FMG Coronavirus Task Team will be conducting a series of webinars on Coronavirus issues every day for the next week. We will discuss the impact of Coronavirus for companies in general, but also for business in insurance, healthcare, California specific issues, cybersecurity, and tort. Click here to register.
FMG has formed a Coronavirus Task Force to provide up-to-the-minute information, strategic advice, and practical solutions for our clients. Our group is an interdisciplinary team of attorneys who can address the multitude of legal issues arising out of the Coronavirus pandemic, including issues related to Healthcare, Product Liability, Tort Liability, Data Privacy, and Cyber and Local Governments. For more information about the Task Force, click here.
You can also contact your FMG relationship partner or email the team with any questions at [email protected].