(a)  Beginning October 1, 1997, an employer who hires or rehires an employee on or after October 1, 1997, must report the hiring or rehiring of the employee to the department or its designee not later than fourteen (14) days after hire or rehire if reporting on a W-4 or its equivalent, or twice a month if reporting electronically or magnetically.

Terms Used In Rhode Island General Laws 15-24-5

  • Days: means calendar days. See Rhode Island General Laws 15-24-3
  • Department: means the department of administration, division of taxation, or its designee. See Rhode Island General Laws 15-24-3
  • Employee: means a natural person who performs labor in this state and is employed by an employer in this state for compensation and for whom the employer withholds federal or state income tax from the employee's compensation. See Rhode Island General Laws 15-24-3
  • Employer: means a person or entity doing business in this state who engages an employee for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation. See Rhode Island General Laws 15-24-3
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Rehire: means the first day for which an employee is owed compensation by the employer following a termination of employment lasting a minimum of sixty (60) days. See Rhode Island General Laws 15-24-3
  • United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8

(b)  The report submitted shall contain the following:

(1)  The employer’s name, address, and federal identification number;

(2)  The employee’s name, address, social security number;

(3)  Information regarding whether the employer has employee dependent health care coverage available and the appropriate date on which the employee may qualify for the coverage; and

(4)  The address to which income withholding orders and garnishments should be sent.

(c)  Employers must report the information required under subsection (b) of this section by any of the following means:

(1)  By mailing a copy of the W-4 form. If a copy of the W-4 form is delivered by the United States Postal Service to the department after its due date, the postmark date stamped on the envelope is deemed to be the date of submission, provided that the copy of the W-4 form was mailed in the United States, first class, postage prepaid, and properly addressed in accordance with instructions provided;

(2)  By submitting a fax transmission of the W-4;

(3)  By transmission by magnetic tape or electronically in the format and tape layout prescribed by the department, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions not less than twelve (12) days, nor more than fifteen (15) days apart; or

(4)  any other means authorized by the department if the means will result in timely reporting and provided the employer obtains prior written approval to use those means. Use of alternative means of reporting shall not affect the obligation of the employer to submit the report within the time prescribed in this section.

History of Section.
P.L. 1997, ch. 170, § 16.