§ 28-41-12 - Waiting period.
SECTION 28-41-12
§ 28-41-12 Waiting period. – (a) For benefit years beginning on or after July 6, 2008 the waiting period ofany individual shall be either:
(1) Seven (7) consecutive days commencing with the Sunday ofthe week in which the claimant filed a claim for benefits, during which thatindividual is unemployed due to sickness and during which the individual earnedremuneration in an amount less than his or her weekly benefit rate for workperformed during that week prior to his or her unemployment due to sickness; or
(2) Seven (7) consecutive days, commencing with the Sunday ofthe week following the week in which the individual filed a claim for benefits,during which the individual is unemployed due to sickness and the individualearned remuneration in an amount greater than or equal to his or her weeklybenefit rate for work performed during that week prior to filing a claim forbenefits.
(b) No waiting period shall be credited to any individualunless he or she has filed a valid claim in accordance with regulations adoptedas prescribed in this title.
(c) Benefits shall be payable to an eligible individual onlyfor those weeks of his or her unemployment due to sickness within a benefityear which occur subsequent to one waiting period, which shall be served at anytime during the benefit year. If the first week of an individual's unemploymentdue to sickness which occurs within his or her new benefit year is immediatelypreceded by a week for which he or she is in receipt of benefits (including lagday payments as provided in § 28-41-9) for total or partial unemploymentdue to sickness under chapters 39 – 41 of this title, or under similarfederal provisions, he or she shall not be required to serve a waiting periodfor that new benefit year.
(d) Except as provided in subsection (c), no period ofunemployment due to sickness shall be counted towards an individual's requiredwaiting period if with respect to any portion of that period of unemploymentdue to sickness, benefits have been paid under the employment security ortemporary disability insurance acts of any other state or of any similar actsof the United States or of any foreign government.
(e) If an individual is unemployed due to sickness for theseven (7) consecutive days, as provided for in subsection (a), and his or hersickness continues for at least an additional twenty-one (21) consecutive days,he or she shall be eligible to receive benefits for the waiting period of seven(7) consecutive days.