Rhode Island Short Term Disability and Pregnancy

Rhode Island is one of the few states that provide temporary disability insurance for its workers. Employers are required to provide partial wage replacement insurance coverage.

RI Eligible Short Term Disabilities and Laws

A worker becomes eligible for benefits when:

• must have been paid at least $8,880 in either your Base Period or an Alternate Base Period
• If a worker did not earn this amount, they may be eligible if they meet all of the following conditions:
  • earned at least $1,480 in one of the base period quarters,
  • the total base period taxable wages are at least one and one-half times your highest quarter of earnings,
  • The base period taxable wages equal at least $2,960.

A worker becomes eligible medically when:

• A Qualified Healthcare Provider (QHP) must certify that you are unable to work. Midwives, Nurse Practitioners, Physicians, Physician Assistants, Psychiatric Clinical Nurse Specialists, Licensed Clinical Social Workers-(lcsw), and Licensed Independent Clinical Social Workers-(licsw) are Qualified Healthcare Providers. The QHP indicate the length of time he/she expects you to be unable to work.
• For your eligibility to begin the first week you were disabled you must be examined that week, the week before, or the week after, your disability began. You may be asked to make an appointment with an impartial medical examiner if we believe an exam is necessary. Your benefits will be stopped if you do not make or keep the appointment.

Pregnancy Disability Law in Rhode Island

Pregnancy and any related illness or complication is one of the medical conditions covered under Rhode Island’s temporary disability insurance. The condition is treated the same as any other temporary disability. There are no separate maternity leave laws.

Disabilities Related to Pregnancy that are Eligible for Benefits

Any condition related to pregnancy that causes disability is eligible for benefits. The employee has additional protection against discrimination because of maternity disability through the federal Pregnancy Discrimination Act.

Pregnancy Disability Leave Law

Women in Rhode Island can take pregnancy disability leave like any other employee requesting disability leave. If a woman is out on maternity leave but becomes disabled within four weeks of going on maternity leave, she can file for disability benefits under Rhode Island law.

Pregnancy Disability and Short Term Disability Problems with Employers

• Women are entitled to receive the same benefits as another employee would receive under a non-pregnancy related short term disability.
• Women are entitled to reasonable accommodation in their work.
• Upon returning to work, a woman must be reinstated to a position that is the same or similar to the one held previously, both in tasks as well as in pay.
• The employer cannot retaliate against you for requesting or taking PDL.
• Employer cannot discriminate based on pregnancy.

Filing a Claim for a Temporary Disability

To file a TDI claim, the employee should follow the procedures described below:

• Can apply online or by downloading an application from the TDI website and mailing it in. Applications can also be made by phone.
• An examination by a healthcare provider indicates that you cannot work for at least 7 consecutive days; your claim should be filed as soon as possible to avoid jeopardizing or delaying the first payment.

Help from a Disability Employment Attorney

It would be wise to consult with an experienced disability employment attorney early if you feel you have been discriminated against, or that your rights under the any of Rhode Island programs have been violated or if you need assistance in applying or qualifying for benefits under these programs. An experienced disability employment attorney can explain your rights to you and help you protect them.