Frequently Asked Questions for Employers
on each question to show the answer.
What is the Temporary Caregiver Insurance (TCI) Program?
- The Temporary Caregiver Insurance Program was signed into law and will become effective as of January 5, 2014. Individuals may apply for benefits as of January 5, 2014.
• An individual may receive up to a max. of 4 weeks of TCI benefits (which will reduce the max. weeks of TDI) during a Benefit Year Period
• To care for a for a seriously ill child, parent, spouse, domestic partner, parent-in-law, or grandparent………or
• To bond with a newborn child, adopted child or foster-care child (available during the first 12 months of parenting only)
• Monetary eligibility is determined the same as TDI benefits.
As an employer, when am I bound by the TCI Law?
- According to the Legislative Bill, this law will be in effect as of January 1, 2014.
Is an employee who plans to go on TCI leave required to give the employer 30 days notice?
- Yes, the Legislative Bill requires an employee to provide the employer with a 30 days notice in writing unless “unforeseeable circumstances” exist.
Do I have to hold and employee’s exact position when he/she is on TCI leave or can I fill it and offer he/she a comparable position when he/she returns?
- As indicated in the Legislative Bill, you can offer the person a comparable position with the equivalent seniority, status, employment benefits, pay and other terms and conditions including fringe benefits.
What can I expect to receive from TDI/TCI when an employee files for TCI leave?
- TDI/TCI will send you a form to verify the last day the individual performed services for your company. Due to confidentiality reasons, TDI/TCI will not be able to share any other information with the employer.
- 6. How can I report to TDI/TCI the employee returned to work?
- By either sending us an email at TDI@dlt.ri.gov or call the employer line at 401-462-8360.
If I have general questions about the TCI Program, who can I contact?
- You may either send us an email at TDI@dlt.ri.gov or call the employer line at 401-462-8360.
What is Temporary Disability Insurance (TDI)?
- TDI provides income support to individuals who are out of work because of a non-work related illness or injury. Rhode Island was the first state to establish a TDI program. It did so in 1942. In addition to Rhode Island, only California, Hawaii, New Jersey, New York and the Commonwealth of Puerto Rico have TDI programs.
- 9. What Are The Medical Eligibility Requirements For TDI?
- To be medically eligible for TDI benefits, a Qualified Healthcare Provider (QHP) or medical practitioner must certify the patient functionally unable to perform their customary and regular work duties and provide the length of time the patient is expected to be unable to work.
For eligibility to begin the first day he/she is disabled the patient must have an in-office examination by a licensed Qualified Healthcare Provider (QHP) that week, the week before or the week after, the disability began. A contact with the QHP via a telephone call is not acceptable by TDI law as a timely examination by a licensed QHP.
Additionally, the patient may be asked to make an appointment with an impartial medical examiner if we believe an exam is necessary. Benefits will be stopped if the claimant does not make or keep the appointment with the impartial medical examiner.
- 10. Who
pays for TDI/TCI?
- The TDI/TCI program is financed entirely by employee payroll deductions. The current withholding rate as of January 1, 2014 is 1.2% of your first $62,700 in earnings. Workers aged 14 and 15 are exempt from wage deductions and TDI coverage. If you worked for more than one RI employer in a calendar year and your total wages were more than $61,400 (in 2013), you may be entitled to a TDI tax refund. You can download a TDI tax refund claim form on-line at www.uitax.ri.gov/docs/TX-Forms/TX-16.pdf. You can also obtain the refund form from the Division of Taxation, 1 Capitol Hill-Suite 36, Providence, RI 02908, (401) 574-8700.
- 11. What Are My Responsibilities As An Employer?
- 1. Employers
are responsible for deducting the TDI tax from each employee's pay and
remitting the tax to the Employer Tax Section of the Rhode Island Division
of Taxation every quarter. You may contact the Employer Tax Unit at (401)
574-8700 or visit their website at www.uitax.ri.gov
are responsible for providing all wage and employment information that
TDI may request regarding any persons employed by them.
are responsible for displaying the Notice to All Employees in the workplace. This notice can be obtained from the Labor Market Information
(LMI) Division of the Rhode Island Department of Labor and Training. You
may contact LMI at (401) 462-8740 or visit their web site at www.dlt.ri.gov/lmi/business/post.htm.
How Much TDI Must I Deduct From My Employees' Pay?
- As of January 1, 2013 you must deduct 1.2% of the first $61,400.00 earned.
Can My Employees Receive TDI If I Continue To Pay Them?
- If you continue to pay your employees a salary, sick or vacation pay while they are out sick, they are allowed to receive TDI benefits; unless if it's to establish a waiting period week, which all wages earned must be counted.
If My Employee Is Receiving TDI Can I Offset (Deduct) the TDI Benefits He or She Receives From the Salary I Continue To Pay Him or Her?
- This is not an issue for TDI to decide. This would be a policy decision for the employer.
Can I Obtain Information On My Employee's TDI Claim?
- All information regarding a TDI claim is confidential. If TDI contacts you and requests wage and/or employment information for one of your employees, this is a good indication that the employee has filed a claim for TDI benefits.
Does This Mean I Cannot Find Out How Much TDI My Employee is Receiving?
- That is correct. The confidentiality provision in the law prohibits the release of any and all information regarding a TDI claim.
My Employee Is On TDI. What Are My Rights As An Employer?
- The relationship is between TDI and the employee. TDI cannot confirm or deny if a person has applied for TDI. The only time the employer is contacted is when TDI requests wage and/or employment information for one of your employees.
Must I Continue Medical Coverage When My Employee Is On TDI?
- This question is also one that would be answered by the Labor Standards Division of the Department of Labor and Training. You may contact Labor Standards at (401) 462-8550 or visit their website at www.dlt.ri.gov/ls You may also contact the United States Department of Labor at (401) 528-4431 or visit their website at www.dol.gov.
Can My Employee Receive Both TDI And Workers' Compensation?
- An individual cannot receive TDI for any period that he or she receives Workers' Compensation (WC). If an employee is injured on the job a claim for Workers' Compensation benefits must be filed. If this claim is contested a TDI claim can be filed. If the individual then receives Workers' Compensation benefits for any weeks that TDI benefits have been paid, the employer or the Workers' Compensation Insurance carrier must reimburse TDI for any weeks that TDI benefits have been paid.
Can My Employee Receive Both TDI and Unemployment Insurance?
- An individual cannot receive TDI and Unemployment Insurance (UI) benefits for the same weeks. To be eligible for TDI a qualified healthcare provider must certify that you are unable to work. To be eligible for UI you must be able and available for work and you must be actively seeking work.
What Is a Qualified Healthcare Provider (QHP)?
- As a result of legislation enacted on July 7, 2004, Midwives, Nurse Practitioners, Physician, Physician Assistants, Psychologist, and Psychiatric Clinical Nurse Specialists are Qualified Healthcare Providers. To be medically eligible for TDI benefits, a QHP must certify that an individual is unable to work for at least 7 consecutive days.
Does TDI Always Use The Disability Duration That The QHP Authorizes?
- No. The TDI Medical Review Unit uses medical duration guidelines (MDG) to determine disability durations. Based on the MDG, the Medical Unit has several alternatives. It can authorize TDI benefits for the number of weeks that the QHP has indicated, it can reduce the number of weeks based on the MDG or it can refer the claim to the Claims Management System. A Registered Nurse in the Claims Management Unit will then review the claim and if necessary, contact the QHP and/or the customer for additional information.
Does TDI Have Any Procedures for Preventing Fraud and the Misuse of Benefits?
- TDI is very proactive with respect to fraud and the misuse of benefits. TDI has an internal program to determine if someone has received TDI benefits during a period when he or she was working. TDI is in constant contact with the Workers' Compensation Court and insurance carriers and with the Unemployment Insurance Division to determine if someone is receiving TDI benefits that he or she is not entitled to. By law, TDI can require individuals to be examined by an impartial qualified healthcare provider in order to determine continued disability and eligibility for benefits. The Medical Review Unit refers claims to the TDI Medical Consultant for further review and recommendation as needed.
What If I Suspect That My Employee Is Receiving TDI And Shouldn't Be?
- If you suspect that one of your employees is receiving TDI benefits and should not be, you may contact the UI/TDI Fraud Unit at (401) 462-8419. Your call may be anonymous.
Can my Employee Work Part Time and Collect TDI?
- If your employee's qualified healthcare provider indicates that the employee is able to return to work part time and you have work available for the employee, your employee may be eligible to collect partial TDI payments. However, an individual must be totally unable to work for at least 7 consecutive days before being eligible to receive partial benefits. Individuals are eligible to receive partial TDI benefits for any weeks in which their earnings are less than their weekly benefit rate. The TDI-4W "Employee Wage and Employment Report" and the TDI-4 "Employment Verification Report" now have questions concerning partial return to work.
What is the Claims Management Unit?
- The Claims Management Unit (CMU) has recently been established in TDI. The CMU is staffed by two Registered Nurses who will be educating claimants, employers and QHPs on how the TDI program operates. The Claims Management Unit will also be reviewing TDI claims when the medical duration extends beyond the medical duration guidelines that TDI utilizes.
Our company has granted Family medical leave protection to one of our employees to take care of a sick relative, are they eligible for TDI benefits during their time out of work?
- No. RI TDI only pays benefits to workers who are ill or injured and does not extend benefits to persons taking care of a sick relative while on family medical leave (FMLA). Anyone who receives Temporary Disability Insurance must be certified by a licensed Qualified Healthcare Practitioner that they are disabled and unable to work.
We are an out of state company and are hiring staff to work in Rhode Island, what is the process for these employees to be covered by the TDI system?
- Your company needs to contact the RI
Division of Taxation, Employer Tax unit at 401-574-8700 and register
with the state of Rhode Island. The Division of Taxation will provide instructions
on registration and the appropriate TDI taxes to withhold from your employees
wages. The RI employees will become subject to TDI.