Title 28, Title 28 and Labor Relations

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 …

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 t…

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, …

(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…

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…

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 resp…

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 find…

Final decisions of the board of review and the principles of law declared in their support shall be binding in all subsequent proceedings involving similar questions, unless expressly or impliedly overruled by a later decision of the board or of a court of competent jurisdiction.…

For the purposes of judicial review, an appeal tribunal’s decision from which an application for appeal has been denied by the board of review shall be deemed to be the decision of the board, except that the time for initiating judicial review shall run from the date of the maili…

Appeals from administrative orders or decisions made pursuant to any provisions of this chapter shall be to the sixth division district court, pursuant to chapter 35 of title 42, the administrative procedures act.

The board of review and all parties to the proceedings before it shall be parties to the review proceedings. If the director is a party respondent, the petition shall be served by leaving with him or her, or any representative whom he or she designates for that purpose, as many c…

The jurisdiction of the reviewing court shall be confined to questions of law and, in the absence of fraud, the findings of fact by the board of review, if supported by substantial evidence regardless of statutory or common-law rules, shall be conclusive. Additional evidence requ…

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 …

No agreement by any individual to waive his or her right to benefits or any other right under chapters 39 — 41 of this title shall be valid. No agreement by any individual in the employ of any person or concern, to pay all or any portion of the contributions required under these …

No individual claiming benefits shall be charged fees of any kind by the director or his or her representative, or by the board of review or its representatives, in any proceeding under chapters 39 — 41 of this title. Any individual claiming benefits in any proceeding or court ac…

Benefits that are due or may become due under chapters 39 — 41 of this title shall not be assigned, pledged, or encumbered before payment. When awarded, adjudged, or paid, so long as they are not mingled with other funds of the recipient, the benefits shall be exempt from all cla…

(a) The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with any instructions that he or she may receive from the board concerning appeals from its decisions and other related duties, and shall be paid an annual base sala…

The purpose of this chapter is to establish, within the state temporary disability insurance program, a temporary caregiver insurance program to provide wage replacement benefits in accordance with the provisions of this chapter, to workers who take time off work to care for a se…

(a) Subject to the conditions set forth in this chapter, an employee shall be eligible for temporary caregiver benefits for any week in which the employee is unable to perform their regular and customary work because the employee is: (1) Bonding with a newborn child or a child ne…

(a) An individual who exercises his or her right to leave covered by the temporary caregiver insurance program under this chapter shall file a certificate form with all information required by the department. (b) For leave for reason of caring for a seriously ill family member, a…

(a) In accordance with § 28-41-16, 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 …

Information pursuant to any individual’s temporary disability claim or temporary caregiver insurance claim shall be held confidential in accordance with chapters 39 — 41 of this title, § 28-39-19, and chapter 37.3 of title 5, and all applicable state and federal regulations.

The director of the department of labor and training shall have the following powers and duties: (1) To promulgate regulations relative to the operation of the temporary caregiver insurance program; (2) To create all necessary applications and certificates to fulfill the purposes…

(a) The temporary caregiver insurance program shall be part of the temporary disability insurance fund. If the director finds that any individual falsely certifies the medical condition of any person in order to obtain family temporary disability insurance benefits, with the inte…

All criminal actions for any violation of chapters 39 — 41 of this title, or any rule or regulation of the department shall be prosecuted by the attorney general, or by any qualified member of the Rhode Island bar, who shall be designated by the director and approved by the attor…

To the extent that funds are made available by the federal government, under Title III of the Social Security Act (42 U.S.C. § 501 et seq.), or otherwise for such purpose, the expenses of administering chapters 39 — 41 of this title shall be paid from those funds, provided that t…

(a) Benefit rate. (1) The benefit rate payable under this chapter to any eligible individual with respect to any week of the individual’s unemployment due to sickness, when that week occurs within a benefit year, shall be, for benefit years beginning on or after October 7, 1990, …

(a) No individual shall be entitled to receive waiting period credit benefits or dependents’ allowances with respect to which benefits are paid or payable to that individual under any workers’ compensation law of this state, any other state, or the federal government, on account …

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…

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.

(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 …

Chapters 42 — 44 of this title shall be known and may be cited as the “Employment Security Act.”

“Employment” does not include services performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at that school, college, or university.

(a) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any work that is part of its usual trade, occupation, profession, or business, unless the employing unit, as well as each contractor or subcontractor, is an employer by reason of § …

Any employing unit for which services are performed that do not constitute employment as defined in this chapter, may file a written election with the director that all services performed by individuals in its employ in one or more distinct establishments or places of business, s…

Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, the state and its instrumentalities shall be deemed to be employing units and services performed in the employ of the state and its instrumentalities shall be deemed to constitute employment subject to…

Notwithstanding any inconsistent provisions of chapters 42 — 44 of this title, the political subdivisions of the state and the instrumentalities of those political subdivisions and all other governmental entities as defined in § 28-42-3(22) shall be deemed to be employing units. …

For the purposes of §§ 28-42-13 and 28-42-13.1, “employment” does not include services performed in the employ of a “governmental entity” as defined in § 28-42-3(22) by an individual in the exercise of duties: (1) As an elected official; (2) As a member of a legislative body, or …

(a) “Employer” includes any Indian tribe for which service in employment as defined under chapters 42 — 44 of this title is performed. (b) “Employment” includes service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act (…

(a) There is created the employment security fund, to be administered by the director without liability on the part of the state beyond the amounts paid into and earned by the fund. This fund shall consist of: (1) All contributions paid pursuant to §§ 28-43-16 — 28-43-22; (2) All…

The fund shall be administered and used solely to pay benefits upon vouchers drawn on the fund by the director pursuant to regulations adopted as subsequently prescribed and no other disbursement shall be made from them except as provided in §§ 28-42-21, 28-42-22, and 28-43-13. T…

Economic insecurity, due to unemployment, being a serious menace to the health, morale, and general welfare of the people of this state, is, therefore, a subject of interest and concern to the community as a whole, warranting appropriate action by the general assembly to prevent …

The general treasurer shall be custodian and treasurer of the fund and shall pay all vouchers duly authenticated and drawn upon the fund. He or she shall have custody of all moneys belonging to the fund and not otherwise held or deposited or invested pursuant to chapters 42 — 44 …

All money received by the director for the employment security fund established by this chapter shall, upon receipt, be deposited by the director in a clearance account in a bank, in this state, designated as a federal depositary under regulations adopted as subsequently prescrib…

The director shall also from time to time requisition from the unemployment trust fund any amounts of money that shall be equal to the amount of employee payments already contributed to the fund by employees of the state, and the director shall deposit the moneys upon requisition…

Any balance of moneys requisitioned from the unemployment trust fund for the payment of benefits that remains unclaimed or unpaid after the expiration of the period for which those sums were requisitioned shall either be deducted from estimates for, and may be utilized for the pa…