Rhode Island Employees to Receive Increased Temporary Caregiver Benefits in 2026

By Robert P. Brooks on January 6, 2026

Rhode Island employees will be entitled to enhanced temporary caregiver insurance benefits under changes to Rhode Island law effective January 1, 2026.  The Rhode Island Temporary Caregiver Insurance Program, which is part of the Rhode Island State Temporary Disability Insurance Program provides wage replacement benefits for employees who take time off of work to care for a seriously ill child, spouse, domestic partner, parent, parent-in-law, grandparent, or to bond with a new child.  Added to this list in 2026 are siblings, which are defined in the law to mean children with a common parent, including biological siblings, half-siblings, step-siblings, foster siblings and adopted siblings. 

The amount of job protected leave an employee can take to care for a seriously ill family member has also changed in 2026.  Beginning January 1, 2026, employees can take up to eight (8) weeks in a benefit year to care for a seriously ill family member.  The leave is also job protected and employees who exercise their right to leave under the Temporary Caregiver Insurance Program are entitled to be restored by their employer to the position held by the employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employment including fringe benefits and service credits that the employee had been entitled to at the commencement of the leave.  During caregiver leave, the employer must also maintain any existing health benefits of the employee in force for the duration of the leave as if the employee had continued in employment continuously from the date the employee commenced the leave until the date the caregiver benefits terminate.  The employee must, however, continue to pay their share of the cost of health benefits during the leave period. 

Finally, an employer may require an employee who is entitled to leave under the Federal Family and Medical Leave Act, or the Rhode Island Parental and Family Medical Leave Act to take leave under the State’s Temporary Caregiver Insurance Program concurrently when any leave granted under the FMLA, or the Rhode Island Parental and Family Medical Leave Act. 

Finally, also new in 2026 is that an employee participating as a bone marrow transplant donor or a living organ donor may take temporary caregiver leave to cover the time needed for any procedures, medical tests, and surgeries related to the donation, including no more than five (5) business days of recovery from a bone marrow transplant or no more than thirty (30) business days recovery from a living organ donor transplant. 

Any employer with questions regarding its obligations under the Rhode Island Temporary Caregiver Benefits Program can call a member of Adler Pollock & Sheehan’s Labor and Employment Group by contacting the author, Robert P. Brooks at rbrooks@apslaw.com or 401.427.6130, the group’s chairperson, Michael D. Chittick at mchittick@apslaw.com or 401.427.6113, or group member Brendan F. Ryan at bryan@apslaw.com or 401.427.6254.