260-40-05 R.I. Code R. § 1.4

Current through May 30, 2024
Section 260-RICR-40-05-1.4 - Meaning of Terms
A. The following words and phrases used in the Rhode Island Employment Security Act and the Temporary Disability Insurance Act and the Rules, forms, interpretations or other official matters issued by the Department of Labor and Training, shall, have the following meaning:
1. "Calendar quarter" means a period of three consecutive calendar months ending March 31, June 30, September 30, and December 31, or, in accordance with the weekly payroll plan of any employer, any period of three consecutive months ending within 6 days before or after March 31, June 30, September 30, and December 31.
2. "Lag payments" means as defined in R.I. Gen. Laws § 28-41-9: benefit payments for an individual who is unemployed due to sickness and is in receipt of benefits under said Act, who returns to work or recuperates from the illness or injury prior to the end of the immediately succeeding week, shall receive one-fifth (1/5) 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 or recuperates from the illness or injury; provided, that in no case shall any individual be entitled to more than four fifths (4/5) of his or her benefit rate for that week.
3. "Qualified healthcare provider" or "QHP" or "Medical practitioner" means an individual licensed in the United States of America to practice medicine, surgery, dentistry, optometry, osteopathy and podiatry; also chiropractic and psychology within the scope of the individual's practice as defined by applicable laws of Rhode Island, or of any other state of the United States, or such other jurisdiction. This includes, licensed clinical social workers, licensed independent clinical social workers, licensed nurse midwives, nurse practitioners, physician assistants and psychiatric clinical nurse specialists (PCNS) as the Director in his/her discretion may allow; provided, however, that the Director may require documentary evidence of the license to practice in any case in which he/she deems such evidence to be necessary.
4. "Sickness" means an individual shall be deemed to be sick in any week in which, because of his or her physical or mental condition, is unemployed, has been examined by a licensed Qualified Healthcare Provider and has been deemed to be functionally unable to perform his or her regular or customary work or services and is unable to attend classes or school. This includes attending clinical classes/training for specific programs following accepted and approved Medical Duration Guidelines, unless the classes or school and its demands or requirements are materially different from his or her regular or customary work or services.
5. "Valid claim" means for the purpose of establishing a benefit year for Temporary Disability Insurance benefits any claim for waiting period or benefit credits made by an individual unemployed because of sickness, who, during the individual's base period, has been paid sufficient wages for employment by employers to meet the requirements set forth in R.I. Gen. Laws § 28-41-11.
6. "Week of unemployment due to sickness" means a calendar week as defined in the Act, during which an individual is unable to perform his/her regular or customary work because of sickness, as defined in R.I. Gen. Laws § 28-39-2(20).

260 R.I. Code R. § 260-RICR-40-05-1.4