§ 28-41-9. Lag day benefits.
(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 to sickness in which work is ordinarily performed in the occupation in which he or she is employed during the week in which he or she returns to work, figured to the highest dollar, including any holiday when the performance of services is waived by his or her employer; provided, that in no case shall any individual be entitled to more than four-fifths (⅘) of his or her benefit rate, figured to the highest dollar, for that week.
(b) An individual who, having been unemployed due to sickness at a later date during his or her benefit year, again becomes unemployed due to sickness, and refiles his or her claim for benefits, shall, if his or her first day of unemployment begins on a day subsequent to the first day of any week, be entitled to one-fifth (⅕) of his or her benefit rate for each day in that week in which work is ordinarily performed in the occupation in which he or she was last employed, including any holiday when the performance of services is waived by his or her employer, figured to the highest dollar, if his or her unemployment continues for seven (7) consecutive calendar days, including the first day of unemployment due to sickness for which he or she has refiled his or her claim. In no case shall any individual be entitled to more than four-fifths (⅘) of his or her benefit rate, figured to the highest dollar, for the week in which his or her unemployment begins on a day subsequent to the first day of that week.
History of Section.P.L. 1942, ch. 1200, § 5; P.L. 1950, ch. 2538, § 1; P.L. 1953, ch. 3153, § 1; G.L. 1956, § 28-41-9; P.L. 1958 (s.s.), ch. 211, § 3; P.L. 1961, ch. 97, § 1; P.L. 1962, ch. 25, § 1; P.L. 1970, ch. 95, § 1; P.L. 1971, ch. 108, § 1; P.L. 2008, ch. 443, § 1; P.L. 2012, ch. 33, § 2; P.L. 2012, ch. 42, § 2.
Structure Rhode Island General Laws
Title 28 - Labor and Labor Relations
Chapter 28-41 - Temporary Disability Insurance — Benefits
Section 28-41-1. - Fund from which benefits payable — Agencies through which paid.
Section 28-41-2. - Wages included for benefit purposes.
Section 28-41-3. - Inclusion of unpaid wages.
Section 28-41-4. - [Repealed.]
Section 28-41-5. - Weekly benefit rate — Dependents’ allowances.
Section 28-41-7. - Total amount of benefits.
Section 28-41-8. - Pregnancy benefits.
Section 28-41-9. - Lag day benefits.
Section 28-41-10. - Benefits payable for last week of benefit year.
Section 28-41-11. - Eligibility.
Section 28-41-12. - [Repealed.]
Section 28-41-13. - Disqualification by receipt of unemployment compensation benefits.
Section 28-41-14. - Disqualification by conviction of fraud.
Section 28-41-15. - Filing of claims — Restriction on benefits — Copies of law and regulations.
Section 28-41-16. - Determination of claim.
Section 28-41-17. - Appeal tribunals.
Section 28-41-18. - Filing of appeal — Parties — Withdrawal.
Section 28-41-19. - Hearing by appeal tribunal — Regulations — Record of proceedings.
Section 28-41-20. - Consolidated appeals.
Section 28-41-21. - Decision of appeal tribunal or referee.
Section 28-41-22. - Appeal to and review by board.
Section 28-41-23. - Removal to board of cases pending before appeal tribunals.
Section 28-41-24. - Conclusiveness of decisions — Reopening in cases of fraud or coercion.
Section 28-41-25. - Rule of decision — Certification of questions to board.
Section 28-41-26. - Denial of appeal to board deemed decision of board.
Section 28-41-27. - Judicial appeals.
Section 28-41-28. - Parties to review — Service of petition — Certification of record.
Section 28-41-30. - Waiver of rights — Agreement to pay employer’s contributions.
Section 28-41-31. - Fees charged claimants.
Section 28-41-32. - Exemption of benefits from assignment or process.
Section 28-41-33. - Legal counsel to board of review.
Section 28-41-34. - Temporary caregiver insurance.
Section 28-41-36. - Certification of eligibility for leave.
Section 28-41-37. - Determination of claim.
Section 28-41-38. - Confidential health information.
Section 28-41-39. - Powers and duties.
Section 28-41-40. - Fraud and misrepresentation of benefits.