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RI temporary disabiliaty

Hi, I have a question about the RI TDI tax. I live in RI and work for a company based in Massachusetts. We work construction, and work in both RI and Mass. In the past few years with the economy, we have not worked much in RI, but in the past few weeks we have started to. My problem is that in the past, when we have worked in RI they used to take out the Temporary Disability Tax out of our checks. This is a deduction out of our pay, not a company funded option. Now, that we have started working in RI again we noticed that they are not taking out the TDI money. I called, and the payroll person told me that it's tied into the unemployment tax, and they don't have to pay into it because we've worked in Mass most of the year. Is this legal? They are also not paying into the unemployment tax either. All they pay is the state income tax. I want them to take the TDI out, this is a good benefit and we should be entitled to it. Does anyone know if this is ok? I"ve tried finding out some information about it, but can't seem to find any. Basically we feel that they are not taking it out, because it's something else they have to do, and they are trying to get around it. Thank you for any help..........

Comments

  • It looks like the definition of employment is the same as for unemployment insurance.
    TITLE 28
    Labor and Labor Relations
    CHAPTER 28-39
    Temporary Disability Insurance – General Provisions
    SECTION 28-39-2

    § 28-39-2 Definitions. – The following words and phrases, as used in chapters 39 – 41 of this title, have the following meanings unless the context clearly requires otherwise:

    (14) "Employment" has the same definition as contained in chapter 42 of this title;

    TITLE 28
    Labor and Labor Relations
    CHAPTER 28-42
    Employment Security – General Provisions
    SECTION 28-42-4
    § 28-42-4 Services performed partly outside state. – "Employment" includes an individual's entire service, performed within or both within and without this state, if:
    (1) The service is localized in this state; or
    (2) The service is not localized in any state but some of the service is performed in this state and
    (i) The base of operations, or, if there is no base of operations, then the place from which the service is directed or controlled, is in this state; or
    (ii) The base of operations or place from which that service is directed or controlled is not in any state in which some part of the service is performed but the individual's residence is in this state.

    http://www.rilin.state.ri.us/Statutes/TITLE28/28-39/28-39-2.HTM

    http://www.rilin.state.ri.us/Statutes/TITLE28/28-42/28-42-4.HTM

    Localized means that most of the services are performed within RI.
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