§ 28-41-12 Waiting period. – (a) For benefit years beginning on or after July 6, 2008 the waiting period of any individual shall be either:
(1) Seven (7) consecutive days commencing with the Sunday of the week in which the claimant filed a claim for benefits, during which that individual is unemployed due to sickness and during which the individual earned remuneration in an amount less than his or her weekly benefit rate for work performed during that week prior to his or her unemployment due to sickness; or
(2) Seven (7) consecutive days, commencing with the Sunday of the week following the week in which the individual filed a claim for benefits, during which the individual is unemployed due to sickness and the individual earned remuneration in an amount greater than or equal to his or her weekly benefit rate for work performed during that week prior to filing a claim for benefits.
(b) No waiting period shall be credited to any individual unless he or she has filed a valid claim in accordance with regulations adopted as prescribed in this title.
(c) Benefits shall be payable to an eligible individual only for those weeks of his or her unemployment due to sickness within a benefit year which occur subsequent to one waiting period, which shall be served at any time during the benefit year. If the first week of an individual's unemployment due to sickness which occurs within his or her new benefit year is immediately preceded by a week for which he or she is in receipt of benefits (including lag day payments as provided in § 28-41-9) for total or partial unemployment due to sickness under chapters 39 – 41 of this title, or under similar federal provisions, he or she shall not be required to serve a waiting period for that new benefit year.
(d) Except as provided in subsection (c), no period of unemployment due to sickness shall be counted towards an individual's required waiting period if with respect to any portion of that period of unemployment due to sickness, benefits have been paid under the employment security or temporary disability insurance acts of any other state or of any similar acts of the United States or of any foreign government.
(e) If an individual is unemployed due to sickness for the seven (7) consecutive days, as provided for in subsection (a), and his or her sickness 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.