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 seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child.

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Terms Used In Rhode Island General Laws 28-41-34

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Child: means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an employee who stands in loco parentis to that child. See Rhode Island General Laws 28-41-34
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Department: means the department of labor and training. See Rhode Island General Laws 28-41-34
  • Domestic partner: means a party to a civil union as defined by chapter 3. See Rhode Island General Laws 28-41-34
  • Employee: means any person who is or has been employed by an employer subject to chapters 39 — 41 of this title and in employment subject to those chapters. See Rhode Island General Laws 28-41-34
  • Grandparent: means a parent of the employee's parent. See Rhode Island General Laws 28-41-34
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injury: means and refers to personal injury to an employee arising out of and in the course of his or her employment, connected and referable to the employment. See Rhode Island General Laws 28-29-2
  • Parent: means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stands in loco parentis to the employee or the employee's spouse or domestic partner when he/she was a child. See Rhode Island General Laws 28-41-34
  • Parent-in-law: means the parent of the employee's spouse or domestic partner. See Rhode Island General Laws 28-41-34
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Persons who stand in loco parentis: means those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. See Rhode Island General Laws 28-41-34
  • Spouse: means a party in a common law marriage, a party in a marriage conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of Title 15. See Rhode Island General Laws 28-41-34

Definitions as used in this chapter:

(1)  “Adopted child” means a child adopted by, or placed for adoption with, the employee.

(2)  “Bonding or bond” means to develop a psychological and emotional attachment between a child and his or her parent(s) or persons who stand in loco parentis. This shall involve being in one another’s physical presence.

(3)  “Child” means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or a son or daughter of an employee who stands in loco parentis to that child.

(4)  “Department” means the department of labor and training.

(5)  “Domestic partner” means a party to a civil union as defined by chapter 3.1 of Title 15.

(6)  “Employee” means any person who is or has been employed by an employer subject to chapters 39 — 41 of this title and in employment subject to those chapters.

(7)  “Grandparent” means a parent of the employee’s parent.

(8)  “Newborn child” means a child under one year of age.

(9)  “Parent” means a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stands in loco parentis to the employee or the employee’s spouse or domestic partner when he/she was a child.

(10)  “Parent-in-law” means the parent of the employee’s spouse or domestic partner.

(11)  “Persons who stand in loco parentis” means those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship shall not be required.

(12)  “Serious health condition” means any illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or continued treatment or continuing supervision by a licensed healthcare provider.

(13)  “Spouse” means a party in a common law marriage, a party in a marriage conducted and recognized by another state or country, or in a marriage as defined by chapter 3 of Title 15.

History of Section.
P.L. 2013, ch. 187, § 1; P.L. 2013, ch. 213, § 1.