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General Assembly Substitute Bill No. 5003
January Session, 2019
AN ACT IMPLEMENTING A PAID FAMILY MEDICAL LEAVE
PROGRAM.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section and 1
sections 2 to 13, inclusive, of this act: 2
(1) "Covered employee" means an individual who (A) (i) has earned 3
not less than two thousand three hundred twenty-five dollars from one 4
or more employers during the employee's highest earning quarter 5
within the five most recently completed calendar quarters, and (ii) is 6
employed by an employer or not currently employed, (B) is a self-7
employed individual or sole proprietor who is enrolled in the Family 8
and Medical Leave Insurance Program pursuant to section 8 of this act, 9
or (C) is a covered public employee; 10
(2) "Covered public employee" means an individual who is (A) 11
employed in state service, as defined in section 5-196 of the general 12
statutes, and who is not in a bargaining unit established pursuant to 13
sections 5-270 to 5-280, inclusive, of the general statutes, or (B) a 14
member of a collective bargaining unit that has negotiated inclusion in 15
the program, in accordance with chapter 68 of the general statutes, 16
sections 7-467 to 7-477, inclusive, of the general statutes or sections 10-17
153a to 10-153n, inclusive, of the general statutes. If a municipal 18 Substitute Bill No. 5003
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employer, as defined in section 7-467 of the general statutes, or a local 19
or regional board of education negotiates inclusion in the program for 20
members of a collective bargaining unit, "covered public employee" 21
also means an individual who is employed by such municipal 22
employer or local or regional board of education and who is not in a 23
bargaining unit established under sections 7-467 to 7-477, inclusive, of 24
the general statutes, or sections 10-153a to 10-153n, inclusive, of the 25
general statutes; 26
(3) "Administrator" means the Labor Department; 27
(4) "Employ" means to allow or permit to work; 28
(5) "Employee" means an individual engaged in service to an 29
employer in this state in the business of the employer and includes a 30
self-employed individual or sole proprietor in this state who elects 31
coverage under section 8 of this act; 32
(6) "Employer" means a person engaged in any activity, enterprise 33
or business who employs one or more employees, and includes any 34
person who acts, directly or indirectly, in the interest of an employer to 35
any of the employees of such employer and any successor in interest of 36
an employer. "Employer" does not mean the state or a municipality, a 37
local or regional board of education or a nonpublic elementary or 38
secondary school, except that the state, a municipal employer or local 39
or regional board of education shall be an employer with respect to 40
each of its covered public employees; 41
(7) "Family and medical leave compensation" or "compensation" 42
means the paid leave provided to covered employees from the Family 43
and Medical Leave Insurance Trust Fund; 44
(8) "Family and Medical Leave Insurance Program" or "program" 45
means the program established in section 2 of this act; 46
(9) "Family and Medical Leave Insurance Trust Fund" or "trust" 47
means the trust fund established in section 3 of this act; and 48 Substitute Bill No. 5003
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(10) "Person" means one or more individuals, partnerships, 49
associations, corporations, limited liability companies, business trusts, 50
legal representatives or any organized group of persons. 51
Sec. 2. (NEW) (Effective from passage) (a) There is established a 52
Family and Medical Leave Insurance Program. The program shall be 53
administered by the administrator and shall offer up to twelve 54
workweeks of family and medical leave compensation to covered 55
employees during any twelve-month period. The program shall offer 56
two additional weeks of family and medical leave compensation to a 57
covered employee for a serious health condition that occurs during a 58
pregnancy that results in incapacitation. 59
(b) Not later than July 1, 2020, the administrator shall begin 60
collecting contributions to the Family and Medical Leave Insurance 61
Trust Fund, established in section 3 of this act and, on and after July 1, 62
2021, shall begin to provide compensation to covered employees. For 63
the purposes of this section and sections 3 to 13, inclusive, of this act, 64
the administrator shall have the power to (1) determine whether an 65
individual meets the requirements for compensation under this 66
section; (2) require a covered employee's claim for compensation 67
pursuant to this section be supported by certification pursuant to 68
section 31-51mm of the general statutes, as amended by this act, and 69
subsection (d) of section 31-51ss of the general statutes; (3) examine, or 70
cause to be produced or examined, any books, records, documents, 71
contracts or other papers relevant to the eligibility of a covered 72
employee; (4) summon and examine under oath such witnesses as may 73
provide information relevant to a covered employee's claim for family 74
and medical leave compensation; (5) establish procedures and forms 75
for the filing of claims for compensation, including the certification 76
required for establishing eligibility for such compensation; and (6) 77
ensure the confidentiality of records and documents relating to 78
medical certifications, recertifications or medical histories of covered 79
employees or covered employees' family members pursuant to section 80
31-51oo of the general statutes, as amended by this act. 81 Substitute Bill No. 5003
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(c) (1) Each employee shall contribute a percentage of his or her 82
weekly earnings to the Family and Medical Leave Insurance Trust 83
Fund, in a manner and form prescribed by the administrator pursuant 84
to section 6 of this act, provided such percentage shall not exceed one-85
half of one per cent. The amount of earnings subject to contributions 86
for a given year shall not exceed the Social Security contribution and 87
benefit base, as determined pursuant to 42 USC 430, as amended from 88
time to time, and shall be utilized to provide compensation to covered 89
employees pursuant to this subsection and subsections (d) to (f), 90
inclusive, of this section. 91
(2) Notwithstanding subdivision (1) of this subsection, if employee 92
contributions are the maximum percentage allowed pursuant to said 93
subdivision and the administrator determines that employee 94
contributions are not sufficient to ensure solvency of the program, the 95
administrator, subject to the provisions of subdivision (3) of this 96
subsection, shall increase the amount of earnings subject to 97
contributions to an appropriate amount that exceeds the Social 98
Security contribution and benefit base specified in said subdivision, in 99
order to ensure the solvency of the program. 100
(3) The administrator shall not increase the amount of earnings 101
subject to contributions pursuant to subdivision (2) of this subsection 102
unless the General Assembly, by resolution, approves such increase. 103
The General Assembly may reject such increase by a three-fifths vote 104
of each house. Such increase shall be deemed approved if the General 105
Assembly fails to vote to approve or reject such increase within thirty 106
days of submittal by the administrator. Each proposed increase shall 107
be submitted by the administrator to the General Assembly and shall 108
be referred to the joint standing committee of the General Assembly 109
having cognizance of matters relating to labor. 110
(d) (1) The weekly compensation offered to covered employees shall 111
be one hundred per cent of a covered employee's weekly earnings, 112
except that the weekly compensation shall not exceed one thousand 113
dollars. If the Internal Revenue Service determines that family and 114 Substitute Bill No. 5003
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medical leave compensation is subject to federal income tax and a 115
covered employee elects to have federal income tax deducted and 116
withheld from his or her compensation, the administrator shall deduct 117
and withhold the amount specified in the United States Internal 118
Revenue Code in a manner consistent with state law. 119
(2) On July 1, 2022, and not later than each July fifteenth thereafter, 120
the Labor Commissioner shall announce an adjustment to the 121
maximum compensation established pursuant to subdivision (1) of this 122
subsection that shall be equal to the percentage increase between the 123
last complete calendar year and the previous calendar year in the 124
consumer price index for urban wage earners and clerical workers in 125
the northeast urban area of New York-Northern New Jersey-Long 126
Island, NY-NJ-CT-PA, with no seasonal adjustment, as calculated by 127
the United States Department of Labor's Bureau of Labor Statistics, 128
with the amount of the maximum compensation increase rounded to 129
the nearest five cents. The maximum compensation plus the 130
adjustment announced by the Labor Commissioner on July fifteenth 131
shall become the new maximum compensation and shall be effective 132
on the January first immediately following. 133
(e) A covered employee shall receive compensation under this 134
section for leave taken for one or more of the reasons listed in 135
subparagraphs (A) to (E), inclusive, of subdivision (2) of subsection (a) 136
of section 31-51ll of the general statutes, as amended by this act, or the 137
reasons listed in subsection (i) of said section or section 31-51ss of the 138
general statutes, if such covered employee (1) provides notice to the 139
administrator, and such covered employee's employer, if applicable, of 140
the need for such compensation in a form and manner prescribed by 141
the administrator, and (2) upon the request of the administrator, 142
provides certification of such covered employee's need f or 143
compensation in accordance with the provisions of section 31-51mm of 144
the general statutes, as amended by this act, to the administrator and 145
such employer, if applicable. 146
(f) A covered employee may receive compensation under this 147 Substitute Bill No. 5003
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section for nonconsecutive hours of leave, provided such leave shall 148
not be less than four hours of leave in any workweek. If family and 149
medical leave compensation is received for four hours or more, but for 150
less than one full week, such hourly compensation shall be determined 151
on a pro rata basis at the discretion of the administrator. 152
(g) A covered employee may receive compensation under this 153
section concurrently with any employer-provided employment 154
benefits, provided the total compensation of such covered employee 155
during such period of leave shall not exceed such covered employee's 156
regular rate of compensation. 157
(h) No covered employee shall receive compensation under this 158
section concurrently with compensation under chapter 567 or 568 of 159
the general statutes or any other state or federal program that provides 160
wage replacement. 161
(i) Any moneys expended from the General Fund for the purpose of 162
administering the Family and Medical Leave Insurance Program, or 163
providing compensation to covered employees, shall be reimbursed to 164
the General Fund by the administrator not later than October 1, 2021. 165
Sec. 3. (NEW) (Effective from passage) (a) There is established a fund 166
to be known as the "Family and Medical Leave Insurance Trust Fund" 167
for the purpose of providing family and medical leave compensation 168
to covered employees. The Family and Medical Leave Insurance Trust 169
Fund shall be a nonlapsing fund held by the State Treasurer separate 170
and apart from all other moneys, funds and accounts. Investment 171
earnings credited to the trust shall become part of the trust. 172
(b) The trust shall constitute an instrumentality of the state and shall 173
perform essential governmental functions, in accordance with the 174
provisions of this section. The trust shall receive and hold all payments 175
and deposits and premiums intended for the trust, as well as gifts, 176
bequests, endowments or federal, state or local grants and any other 177
funds from any public or private source and all earnings until 178 Substitute Bill No. 5003
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disbursed in accordance with the provisions of this section. 179
(c) The amounts on deposit in the trust shall not constitute property 180
of the state and the trust shall not be construed to be a department, 181
institution or agency of the state. Amounts on deposit in the trust shall 182
not be commingled with state funds and the state shall have no claim 183
to or against, or interest in, such funds. Any contract entered into by or 184
any obligation of the trust shall not constitute a debt or obligation of 185
the state and the state shall have no obligation to any designated 186
beneficiary or any other person on account of the trust and all amounts 187
obligated to be paid from the trust shall be limited to amounts 188
available for such obligation on deposit in the trust. The trust shall 189
continue in existence as long as it holds any deposits or has any 190
obligations and until its existence is terminated by law and upon 191
termination any unclaimed assets shall return to the state. Property of 192
the trust shall be governed by section 3-61a of the general statutes. 193
(d) The State Treasurer shall be responsible for the receipt and 194
investment of moneys held by the trust. The trust shall not receive 195
deposits in any form other than cash. No depositor or designated 196
beneficiary may direct the investment of any contributions or amounts 197
held in the trust other than the specific fund options provided for by 198
the trust. 199
(e) The assets of the trust shall be used for the purpose of 200
distributing family and medical leave compensation to covered 201
employees, educating and informing persons about the program and 202
paying the operational, administrative and investment costs of the 203
trust, including those incurred pursuant to section 6 of this act. 204
Sec. 4. (NEW) (Effective from passage) The State Treasurer, on behalf 205
of the Family and Medical Leave Insurance Trust Fund and for 206
purposes of the trust, shall: 207
(1) Receive and invest moneys in the trust in any instruments, 208
obligations, securities or property in accordance with sections 3 to 5, 209 Substitute Bill No. 5003
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inclusive, of this act; 210
(2) Procure insurance as the State Treasurer deems necessary to 211
protect the trust's property, assets, activities or deposits or 212
contributions to the trust; and 213
(3) Apply for, accept and expend gifts, grants or donations from 214
public or private sources to carry out the objectives of the trust. 215
Sec. 5. (NEW) (Effective from passage) The State Treasurer shall invest 216
the amounts on deposit in the Family and Medical Leave Insurance 217
Trust Fund in a manner reasonable and appropriate to achieve the 218
objectives of the trust, exercising the discretion and care of a prudent 219
person in similar circumstances with similar objectives. The State 220
Treasurer shall give due consideration to rate of return, risk, term or 221
maturity, diversification of the total portfolio within the trust, 222
liquidity, the projected disbursements and expenditures and the 223
expected payments, deposits, contributions and gifts to be received. 224
The State Treasurer shall not require the trust to invest directly in 225
obligations of the state or any political subdivision of the state or in 226
any investment or other fund administered by the State Treasurer. The 227
assets of the trust shall be continuously invested and reinvested in a 228
manner consistent with the objectives of the trust until disbursed upon 229
order of the administrator or expended on expenses incurred by the 230
operations of the trust. 231
Sec. 6. (NEW) (Effective from passage) The administrator, in 232
consultation with the State Treasurer and the Department of Revenue 233
Services, shall establish the procedures necessary to implement the 234
Family and Medical Leave Insurance Program. The administrator 235
shall: 236
(1) Design, establish and operate the program to ensure 237
transparency in the management of the program and the Family and 238
Medical Leave Insurance Trust Fund through oversight and ethics 239
review of plan fiduciaries; 240 Substitute Bill No. 5003
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(2) Design and establish the process by which employees shall 241
contribute a portion of their salary or wages to the trust. Such process 242
shall include, but need not be limited to, the creation of an information 243
packet including the necessary paperwork for an employee to 244
participate in the program pursuant to section 8 of this act; 245
(3) Evaluate and establish the process by which employers may 246
credit employee premiums to the trust through payroll deposit; 247
(4) Determine the number of employees of an employer as of 248
October first of each year and determine the amount of employee 249
contributions necessary to ensure solvency of the program, provided 250
total contributions shall not be less than four million dollars per month 251
and contribution amounts shall be established in accordance with 252
section 2 of this act; 253
(5) Ensure that contributions to the trust collected from employees 254
shall not be used for any purpose other than to provide compensation 255
to covered employees, educating and informing persons about the 256
program and paying the operational, administrative and investment 257
costs of the trust; 258
(6) Establish and maintain a secure Internet web site that displays all 259
public notices issued by the administrator and such other information 260
as the administrator deems relevant and necessary for the 261
implementation of the program and for the education of the public 262
regarding the program; and 263
(7) Not later than January 1, 2020, submit a report, in accordance 264
with the provisions of section 11-4a of the general statutes, to the 265
General Assembly regarding any recommendations for legislative 266
action that may be necessary for the implementation and 267
administration of the program. 268
Sec. 7. (NEW) (Effective January 1, 2020) The administrator, in 269
consultation with the State Treasurer, shall conduct a public education 270
campaign to inform individuals and employers about the Family and 271 Substitute Bill No. 5003
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Medical Leave Insurance Program. Such campaign shall include, but 272
not be limited to, information about the requirements for receiving 273
family and medical leave compensation, how to apply for such 274
compensation and the circumstances for which such compensation 275
may be available. The administrator may use funds contributed to the 276
Family and Medical Leave Insurance Trust Fund for purposes of the 277
public education campaign. Information distributed or made available 278
under the campaign shall be available in English and Spanish and in 279
any other language prescribed by the administrator. 280
Sec. 8. (NEW) (Effective from passage) (a) A self-employed individual 281
or sole proprietor, upon application to the administrator, in a form and 282
manner prescribed by the administrator, may enroll in the Family and 283
Medical Leave Insurance Program, provided such self-employed 284
individual or sole proprietor is enrolled in the program for an initial 285
period of not less than three years. Such self-employed individual or 286
sole proprietor shall be automatically reenrolled in the program for a 287
subsequent period, or periods, of not less than one year. Such 288
reenrollment begins immediately following a period of participation in 289
the program. 290
(b) A self-employed individual or sole proprietor may withdraw 291
from the program upon submitting written notice to the administrator 292
not less than thirty days prior to the expiration of the initial enrollment 293
or subsequent reenrollment period, or at such other times as the 294
administrator may prescribe by rule. 295
Sec. 9. (NEW) (Effective from passage) Any covered employee, or self-296
employed individual or sole proprietor participating in the program, 297
aggrieved by a denial of compensation under the Family and Medical 298
Leave Insurance Program may file a complaint with the Labor 299
Commissioner. Upon receipt of any such complaint, the commissioner 300
shall hold a hearing. After the hearing, the commissioner shall send 301
each party a written copy of the commissioner's decision. The 302
commissioner may award the covered employee, or self-employed 303
individual or sole proprietor, all appropriate relief, including any 304 Substitute Bill No. 5003
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compensation or benefits to which the employee otherwise would 305
have been eligible if such denial had not occurred. Any party 306
aggrieved by the decision of the commissioner may appeal the 307
decision to the Superior Court in accordance with the provisions of 308
chapter 54 of the general statutes. 309
Sec. 10. (NEW) (Effective July 1, 2021) Each employer shall, at the 310
time of hiring, and annually thereafter, provide written notice to each 311
of the employer's employees (1) of the entitlement to family and 312
medical leave under sections 31-51kk to 31-51qq, inclusive, of the 313
general statutes, as amended by this act, and 31-51ss of the general 314
statutes and the terms under which such leave may be used, (2) that 315
retaliation by the employer against the employee for requesting, 316
applying for or using family and medical leave for which the employee 317
is eligible is prohibited, and (3) that the employee has a right to file a 318
complaint with the Labor Commissioner for any violation of said 319
sections. The Labor Commissioner may adopt regulations, in 320
accordance with chapter 54 of the general statutes, to establish 321
additional requirements concerning the means by which employers 322
shall provide such notice. 323
Sec. 11. (NEW) (Effective from passage) (a) Any individual or covered 324
employee participating in the program who wilfully makes a false 325
statement or misrepresentation regarding a material fact, or wilfully 326
fails to report a material fact, to obtain family and medical leave 327
compensation shall be disqualified from receiving any compensation 328
under the program for one year. 329
(b) If family and medical leave compensation is paid to an 330
individual or covered employee erroneously or as a result of wilful 331
misrepresentation by such individual or covered employee, or if a 332
claim for family and medical leave compensation is rejected after 333
compensation is paid, the administrator may seek repayment of 334
benefits from the individual or covered employee who received such 335
compensation. The Labor Commissioner may, in his or her discretion, 336
waive, in whole or in part, the amount of any such payments where 337 Substitute Bill No. 5003
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the recovery would be against equity and good conscience. 338
Sec. 12. (NEW) (Effective from passage) Nothing in sections 31-51kk to 339
31-51qq, inclusive, of the general statutes, as amended by this act, and 340
31-51ss of the general statutes or sections 2 to 13, inclusive, of this act, 341
shall be construed to (1) prevent employers from providing any 342
benefits that are more expansive than those provided for under said 343
sections, (2) diminish any rights provided to any covered employee 344
under the terms of the covered employee's employment or a collective 345
bargaining agreement, or (3) interfere with, impede or in any way 346
diminish the right of an employee to bargain collectively with his or 347
her employer through a representative of his or her choosing, in order 348
to establish wages or conditions of work in excess of the applicable 349
minimum pursuant to sections 3-13c, 31-51kk to 31-51mm, inclusive, 350
31-51oo to 31-51qq, inclusive, of the general statutes, as amended by 351
this act, and sections 1 to 13, inclusive, and section 20 of this act. 352
Sec. 13. (Effective from passage) Not later than July 1, 2022, and 353
annually thereafter, the Labor Commissioner shall report, in 354
accordance with section 11-4a of the general statutes, to the joint 355
standing committees of the General Assembly having cognizance of 356
matters relating to appropriations and the budgets of state agencies 357
and labor, on (1) the projected and actual participation in the program, 358
(2) the balance of the trust, (3) the size of employers at which covered 359
employees are employed, (4) the reasons covered employees are 360
receiving family and medical leave compensation, (5) the success of the 361
administrator's outreach and education efforts, and (6) demographic 362
information of covered employees, including gender, age, town of 363
residence and income level. 364
Sec. 14. Section 31-51kk of the general statutes is repealed and the 365
following is substituted in lieu thereof (Effective July 1, 2021): 366
As used in sections 31-51kk to 31-51qq, inclusive, as amended by 367
this act: 368 Substitute Bill No. 5003
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(1) "Eligible employee" means an employee who has [been 369
employed (A) for at least twelve months by the employer with respect 370
to whom leave is requested; and (B) for at least one thousand hours of 371
service with such employer during the twelve-month period preceding 372
the first day of the leave] earned not less than two thousand three 373
hundred twenty-five dollars from one or more employers during the 374
employee's highest earning quarter within the five most recently 375
completed calendar quarters; 376
(2) "Employ" includes to allow or permit to work; 377
(3) "Employee" means any person engaged in service to an employer 378
in the business of the employer; 379
(4) "Employer" means a person engaged in any activity, enterprise 380
or business who employs [seventy-five] one or more employees, and 381
includes any person who acts, directly or indirectly, in the interest of 382
an employer to any of the employees of such employer and any 383
successor in interest of an employer, [but] and shall not include the 384
state, or a municipality, a local or regional board of education, or a 385
[private or parochial] nonpublic elementary or secondary school. The 386
number of employees of an employer shall be determined on October 387
first annually; 388
(5) "Employment benefits" means all benefits provided or made 389
available to employees by an employer, including group life insurance, 390
health insurance, disability insurance, sick leave, annual leave, 391
educational benefits and pensions, regardless of whether such benefits 392
are provided by practice or written policy of an employer or through 393
an "employee benefit plan", as defined in Section 1002(3) of Title 29 of 394
the United States Code; 395
(6) "Grandchild" means a grandchild related to a person by (A) 396
blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 397
foster care by a child of the grandparent; 398
(7) "Grandparent" means a grandparent related to a person by (A) 399 Substitute Bill No. 5003
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blood, (B) marriage, (C) adoption of a minor child by a child of the 400
grandparent, or (D) foster care by a child of the grandparent; 401
[(6)] (8) "Health care provider" means (A) a doctor of medicine or 402
osteopathy who is authorized to practice medicine or surgery by the 403
state in which the doctor practices; (B) a podiatrist, dentist, 404
psychologist, optometrist or chiropractor authorized to practice by the 405
state in which such person practices and performs within the scope of 406
the authorized practice; (C) an advanced practice registered nurse, 407
nurse practitioner, nurse midwife or clinical social worker authorized 408
to practice by the state in which such person practices and performs 409
within the scope of the authorized practice; (D) Christian Science 410
practitioners listed with the First Church of Christ, Scientist in Boston, 411
Massachusetts; (E) any health care provider from whom an employer 412
or a group health plan's benefits manager will accept certification of 413
the existence of a serious health condition to substantiate a claim for 414
benefits; (F) a health care provider as defined in subparagraphs (A) to 415
(E), inclusive, of this subdivision who practices in a country other than 416
the United States, who is licensed to practice in accordance with the 417
laws and regulations of that country; or (G) such other health care 418
provider as the Labor Commissioner determines, performing within 419
the scope of the authorized practice. The commissioner may utilize any 420
determinations made pursuant to chapter 568; 421
[(7)] (9) "Parent" means a biological parent, foster parent, adoptive 422
parent, stepparent, parent-in-law or legal guardian of an eligible 423
employee or an eligible employee's spouse, [or] an individual [who 424
stood] standing in loco parentis to an eligible employee, [when the 425
employee was a son or daughter] or an individual who stood in loco 426
parentis to the eligible employee when the employee was a child; 427
[(8)] (10) "Person" means one or more individuals, partnerships, 428
associations, corporations, business trusts, legal representatives or 429
organized groups of persons; 430
[(9)] (11) "Reduced leave schedule" means a leave schedule that 431 Substitute Bill No. 5003
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reduces the usual number of hours per workweek, or hours per 432
workday, of an employee; 433
[(10)] (12) "Serious health condition" means an illness, injury, 434
impairment, or physical or mental condition that involves (A) inpatient 435
care in a hospital, hospice, nursing home or residential medical care 436
facility; or (B) continuing treatment, including outpatient treatment, by 437
a health care provider; 438
(13) "Sibling" means a brother or sister related to a person by (A) 439
blood, (B) marriage, (C) adoption by a parent of the person, or (D) 440
foster care placement; 441
[(11)] (14) "Son or daughter" means a biological, adopted or foster 442
child, stepchild, legal ward, or, in the alternative, a child of a person 443
standing in loco parentis, [who is (A) under eighteen years of age; or 444
(B) eighteen years of age or older and incapable of self-care because of 445
a mental or physical disability] or an individual to whom the employee 446
stood in loco parentis when the individual was a child; and 447
[(12)] (15) "Spouse" means a [husband or wife, as the case may be] 448
person to whom one is legally married. 449
Sec. 15. Section 31-51ll of the general statutes is repealed and the 450
following is substituted in lieu thereof (Effective July 1, 2021): 451
(a) (1) Subject to section 31-51mm, as amended by this act, an 452
eligible employee shall be entitled to a total of [sixteen] twelve 453
workweeks of leave during any [twenty-four-month] twelve-month 454
period, such [twenty-four-month] twelve-month period to be 455
determined utilizing any one of the following methods: (A) 456
[Consecutive] A calendar [years] year; (B) any fixed [twenty-four-457
month] twelve-month period, such as [two] a consecutive fiscal [years] 458
year or a [twenty-four-month] twelve-month period measured forward 459
from an employee's first date of employment; (C) a [twenty-four-460
month] twelve-month period measured forward from an employee's 461
first day of leave taken under sections 31-51kk to 31-51qq, inclusive, as 462 Substitute Bill No. 5003
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amended by this act; or (D) a rolling [twenty-four-month] twelve- 463
month period measured backward from an employee's first day of 464
leave taken under sections 31-51kk to 31-51qq, inclusive, as amended 465
by this act. Such employee may take up to two additional weeks of 466
leave due to a serious health condition during a pregnancy that results 467
in incapacitation. 468
(2) Leave under this subsection may be taken for one or more of the 469
following reasons: 470
(A) Upon the birth of a son or daughter of the employee; 471
(B) Upon the placement of a son or daughter with the employee for 472
adoption or foster care; 473
(C) In order to care for the spouse, [or a son,] sibling, son or 474
daughter, [or] grandparent, grandchild, parent [of the employee,] or 475
any other individual related by blood or whose close association with 476
the employee is the equivalent of a family member if such spouse, 477
[son,] sibling, son or daughter, [or] grandparent, grandchild, parent or 478
any other individual related by blood or whose close association with 479
the employee is the equivalent of a family member has a serious health 480
condition; 481
(D) Because of a serious health condition of the employee; 482
(E) In order to serve as an organ or bone marrow donor; or 483
(F) Because of any qualifying exigency, as determined in regulations 484
adopted by the United States Secretary of Labor, arising out of the fact 485
that the spouse, son, daughter or parent of the employee is on active 486
duty, or has been notified of an impending call or order to active duty, 487
in the armed forces, as defined in subsection (a) of section 27-103. 488
(b) Entitlement to leave under subparagraph (A) or (B) of 489
subdivision (2) of subsection (a) of this section may accrue prior to the 490
birth or placement of a son or daughter when such leave is required 491 Substitute Bill No. 5003
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because of such impending birth or placement. 492
(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of 493
subsection (a) of this section for the birth or placement of a son or 494
daughter may not be taken by an employee intermittently or on a 495
reduced leave schedule unless the employee and the employer agree 496
otherwise. Subject to subdivision (2) of this subsection concerning an 497
alternative position, subdivision (2) of subsection (f) of this section 498
concerning the duties of the employee and subdivision (5) of 499
subsection (b) of section 31-51mm, as amended by this act, concerning 500
sufficient certification, leave under subparagraph (C) or (D) of 501
subdivision (2) of subsection (a) or under subsection (i) of this section 502
for a serious health condition may be taken intermittently or on a 503
reduced leave schedule when medically necessary. The taking of leave 504
intermittently or on a reduced leave schedule pursuant to this 505
subsection shall not result in a reduction of the total amount of leave to 506
which the employee is entitled under subsection (a) of this section 507
beyond the amount of leave actually taken. 508
(2) If an employee requests intermittent leave or leave on a reduced 509
leave schedule under subparagraph (C), (D) or (E) of subdivision (2) of 510
subsection (a) or under subsection (i) of this section that is foreseeable 511
based on planned medical treatment, the employer may require the 512
employee to transfer temporarily to an available alternative position 513
offered by the employer for which the employee is qualified and that 514
(A) has equivalent pay and benefits, and (B) better accommodates 515
recurring periods of leave than the regular employment position of the 516
employee, provided the exercise of this authority shall not conflict 517
with any provision of a collective bargaining agreement between such 518
employer and a labor organization which is the collective bargaining 519
representative of the unit of which the employee is a part. 520
(d) Except as provided in subsection (e) of this section, leave 521
granted under subsection (a) of this section may consist of unpaid 522
leave. 523 Substitute Bill No. 5003
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(e) (1) If an employer provides paid leave for fewer than [sixteen] 524
twelve workweeks, the additional weeks of leave necessary to attain 525
the [sixteen] twelve workweeks of leave required under sections 5-526
248a and 31-51kk to 31-51qq, inclusive, as amended by this act, may be 527
provided without compensation or with compensation through the 528
Family and Medical Leave Insurance Program established in section 2 529
of this act. 530
(2) (A) An eligible employee may elect [, or an employer may 531
require the employee,] to substitute any of the accrued paid vacation 532
leave, personal leave or family leave of the employee for leave 533
provided under subparagraph (A), (B) or (C) of subdivision (2) of 534
subsection (a) of this section for any part of the [sixteen-week] twelve-535
week period of such leave under said subsection or under subsection 536
(i) of this section for any part of the twenty-six-week period of such 537
leave. 538
(B) An eligible employee may elect [, or an employer may require 539
the employee,] to substitute any of the accrued paid vacation leave, 540
personal leave, or medical or sick leave of the employee for leave 541
provided under subparagraph (C), (D) or (E) of subdivision (2) of 542
subsection (a) of this section for any part of the [sixteen-week] twelve-543
week period of such leave under said subsection or under subsection 544
(i) of this section for any part of the twenty-six-week period of leave, 545
except that nothing in section 5-248a or sections 31-51kk to 31-51qq, 546
inclusive, as amended by this act, shall require an employer to provide 547
paid sick leave or paid medical leave in any situation in which such 548
employer would not normally provide any such paid leave. 549
(f) (1) In any case in which the necessity for leave under 550
subparagraph (A) or (B) of subdivision (2) of subsection (a) of this 551
section is foreseeable based on an expected birth or placement of a son 552
or daughter, the employee shall provide the employer with not less 553
than thirty days' notice, before the date of the leave is to begin, of the 554
employee's intention to take leave under said subparagraph (A) or (B), 555
except that if the date of the birth or placement of a son or daughter 556 Substitute Bill No. 5003
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requires leave to begin in less than thirty days, the employee shall 557
provide such notice as is practicable. 558
(2) In any case in which the necessity for leave under subparagraph 559
(C), (D) or (E) of subdivision (2) of subsection (a) or under subsection 560
(i) of this section is foreseeable based on planned medical treatment, 561
the employee (A) shall make a reasonable effort to schedule the 562
treatment so as not to disrupt unduly the operations of the employer, 563
subject to the approval of the health care provider of the employee or 564
the health care provider of the spouse, sibling, son [,] or daughter, 565
[spouse or] grandparent, grandchild, parent [of the employee] or any 566
other individual related by blood or whose close association with the 567
employee is the equivalent of a family member, as appropriate; and (B) 568
shall provide the employer with not less than thirty days' notice, 569
before the date the leave is to begin, of the employee's intention to take 570
leave under said subparagraph (C), (D) or (E) or said subsection (i), 571
except that if the date of the treatment requires leave to begin in less 572
than thirty days, the employee shall provide such notice as is 573
practicable. 574
(g) In any case in which [a husband and wife] two spouses entitled 575
to leave under subsection (a) of this section are employed by the same 576
employer, the aggregate number of workweeks of leave to which both 577
may be entitled may be limited to [sixteen] twelve workweeks during 578
any [twenty-four-month] twelve-month period, if such leave is taken: 579
(1) Under subparagraph (A) or (B) of subdivision (2) of subsection (a) 580
of this section; or (2) to care for a sick sibling, son or daughter, 581
grandparent, grandchild, parent or any other individual related by 582
blood or whose close association with the employee is the equivalent 583
of a family member under subparagraph (C) of said subdivision. In 584
any case in which [a husband and wife] two spouses entitled to leave 585
under subsection (i) of this section are employed by the same 586
employer, the aggregate number of workweeks of leave to which both 587
may be entitled may be limited to twenty-six workweeks during any 588
twelve-month period. 589 Substitute Bill No. 5003
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(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 590
31-51qq, inclusive, as amended by this act, shall not be construed to 591
affect an employee's qualification for exemption under chapter 558. 592
(i) Subject to section 31-51mm, as amended by this act, an eligible 593
employee who is the spouse, son or daughter, parent or next of kin of a 594
current member of the armed forces, as defined in section 27-103, who 595
is undergoing medical treatment, recuperation or therapy, is otherwise 596
in outpatient status or is on the temporary disability retired list for a 597
serious injury or illness incurred in the line of duty shall be entitled to 598
a one-time benefit of twenty-six workweeks of leave during any 599
twelve-month period for each armed forces member per serious injury 600
or illness incurred in the line of duty. Such twelve-month period shall 601
commence on an employee's first day of leave taken to care for a 602
covered armed forces member and end on the date twelve months 603
after such first day of leave. For the purposes of this subsection, (1) 604
"next of kin" means the armed forces member's nearest blood relative, 605
other than the covered armed forces member's spouse, parent, son or 606
daughter, in the following order of priority: Blood relatives who have 607
been granted legal custody of the armed forces member by court 608
decree or statutory provisions, brothers and sisters, grandparents, 609
aunts and uncles, and first cousins, unless the covered armed forces 610
member has specifically designated in writing another blood relative 611
as his or her nearest blood relative or any other individual whose close 612
association with the employee is the equivalent of a family member for 613
purposes of military caregiver leave, in which case the designated 614
individual shall be deemed to be the covered armed forces member's 615
next of kin; and (2) "son or daughter" means a biological, adopted or 616
foster child, stepchild, legal ward or child for whom the eligible 617
employee or armed forces member stood in loco parentis and who is 618
any age. 619
(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, as 620
amended by this act, shall not run concurrently with the provisions of 621
section 31-313. 622 Substitute Bill No. 5003
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(k) Notwithstanding the provisions of sections 5-248a and 31-51kk 623
to 31-51qq, inclusive, as amended by this act, all further rights granted 624
by federal law shall remain in effect. 625
Sec. 16. Section 31-51mm of the general statutes is repealed and the 626
following is substituted in lieu thereof (Effective July 1, 2021): 627
(a) An employer may require that request for leave based on a 628
serious health condition in subparagraph (C) or (D) of subdivision (2) 629
of subsection (a) of section 31-51ll, as amended by this act, or leave 630
based on subsection (i) of section 31-51ll, as amended by this act, be 631
supported by a certification issued by the health care provider of the 632
eligible employee or of the spouse, sibling, son [,] or daughter, 633
[spouse] grandparent, grandchild, parent, [or] next of kin or any other 634
individual related by blood or whose close association with the 635
employee is the equivalent of a family member of the employee, as 636
appropriate. The employee shall provide, in a timely manner, a copy of 637
such certification to the employer. 638
(b) Certification provided under subsection (a) of this section shall 639
be sufficient if it states: 640
(1) The date on which the serious health condition commenced; 641
(2) The probable duration of the condition; 642
(3) The appropriate medical facts within the knowledge of the 643
health care provider regarding the condition; 644
(4) (A) For purposes of leave under subparagraph (C) of subdivision 645
(2) of subsection (a) of section 31-51ll, as amended by this act, a 646
statement that the eligible employee is needed to care for the spouse, 647
sibling, son [,] or daughter, [spouse or] grandparent, grandchild, 648
parent or any other individual related by blood or whose close 649
association with the employee is the equivalent of a family member 650
and an estimate of the amount of time that such employee needs to 651
care for the spouse, sibling, son [,] or daughter, [spouse or] 652 Substitute Bill No. 5003
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grandparent, grandchild, parent or any other individual related by 653
blood or whose close association with the employee is the equivalent 654
of a family member; and (B) for purposes of leave under subparagraph 655
(D) of subdivision (2) of subsection (a) of section 31-51ll, as amended 656
by this act, a statement that the employee is unable to perform the 657
functions of the position of the employee; 658
(5) In the case of certification for intermittent leave or leave on a 659
reduced leave schedule for planned medical treatment, the dates on 660
which such treatment is expected to be given and the duration of such 661
treatment; 662
(6) In the case of certification for intermittent leave or leave on a 663
reduced leave schedule under subparagraph (D) of subdivision (2) of 664
subsection (a) of section 31-51ll, as amended by this act, a statement of 665
the medical necessity of the intermittent leave or leave on a reduced 666
leave schedule, and the expected duration of the intermittent leave or 667
reduced leave schedule; 668
(7) In the case of certification for intermittent leave or leave on a 669
reduced leave schedule under subparagraph (C) of subdivision (2) of 670
subsection (a) of section 31-51ll, as amended by this act, a statement 671
that the employee's intermittent leave or leave on a reduced leave 672
schedule is necessary for the care of the spouse, sibling, son [,] or 673
daughter, grandparent, grandchild, parent [or spouse] or any other 674
individual related by blood or whose close association with the 675
employee is the equivalent of a family member who has a serious 676
health condition, or will assist in their recovery, and the expected 677
duration and schedule of the intermittent leave or reduced leave 678
schedule; and 679
(8) In the case of certification for intermittent leave or leave on a 680
reduced leave schedule under subsection (i) of section 31-51ll, as 681
amended by this act, a statement that the employee's intermittent leave 682
or leave on a reduced leave schedule is necessary for the care of the 683
spouse, son or daughter, parent or next of kin who is a current member 684 Substitute Bill No. 5003
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of the armed forces, as defined in section 27-103, who is undergoing 685
medical treatment, recuperation or therapy, is otherwise in outpatient 686
status or is on the temporary disability retired list, for a serious injury 687
or illness incurred in the line of duty, and the expected duration and 688
schedule of the intermittent leave or reduced leave schedule. For the 689
purposes of this subsection, "son or daughter" and "next of kin" have 690
the same meanings as provided in subsection (i) of section 31-51ll, as 691
amended by this act. 692
(c) (1) In any case in which the employer has reason to doubt the 693
validity of the certification provided under subsection (a) of this 694
section for leave under subparagraph (C) or (D) of subdivision (2) of 695
subsection (a) or under subsection (i) of section 31-51ll, as amended by 696
this act, the employer may require, at the expense of the employer, that 697
the eligible employee obtain the opinion of a second health care 698
provider designated or approved by the employer concerning any 699
information certified under subsection (b) of this section for such leave. 700
(2) A health care provider designated or approved under 701
subdivision (1) of this subsection shall not be employed on a regular 702
basis by the employer. 703
(d) (1) In any case in which the second opinion described in 704
subsection (c) of this section differs from the opinion in the original 705
certification provided under subsection (a) of this section, the 706
employer may require, at the expense of the employer, that the 707
employee obtain the opinion of a third health care provider designated 708
or approved jointly by the employer and the employee concerning the 709
information certified under subsection (b) of this section. 710
(2) The opinion of the third health care provider concerning the 711
information certified under subsection (b) of this section shall be 712
considered to be final and shall be binding on the employer and the 713
employee. 714
(e) The employer may require that the eligible employee obtain 715 Substitute Bill No. 5003
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subsequent recertifications on a reasonable basis, provided the 716
standards for determining what constitutes a reasonable basis for 717
recertification may be governed by a collective bargaining agreement 718
between such employer and a labor organization which is the 719
collective bargaining representative of the unit of which the worker is 720
a part if such a collective bargaining agreement is in effect. Unless 721
otherwise required by the employee's health care provider, the 722
employer may not require recertification more than once during a 723
thirty-day period and, in any case, may not unreasonably require 724
recertification. The employer shall pay for any recertification that is not 725
covered by the employee's health insurance. 726
Sec. 17. Section 31-51oo of the general statutes is repealed and the 727
following is substituted in lieu thereof (Effective July 1, 2021): 728
Records and documents relating to medical certifications, 729
recertifications or medical histories of employees or employees' family 730
members, created for purposes of sections 5-248a and 31-51kk to 31-731
51qq, inclusive, as amended by this act, and sections 2 to 13, inclusive, 732
of this act shall be maintained as medical records pursuant to chapter 733
563a, except that: (1) Supervisors and managers may be informed 734
regarding necessary restrictions on the work or duties of an employee 735
and necessary accommodations; (2) first aid and safety personnel may 736
be informed, when appropriate, if the employee's physical or medical 737
condition might require emergency treatment; and (3) government 738
officials investigating compliance with sections 5-248a and 31-51kk to 739
31-51qq, inclusive, as amended by this act, and sections 2 to 13, 740
inclusive, of this act, or other pertinent law shall be provided relevant 741
information upon request. 742
Sec. 18. Section 31-51pp of the general statutes is repealed and the 743
following is substituted in lieu thereof (Effective July 1, 2021): 744
(a) (1) It shall be a violation of sections 5-248a and 31-51kk to 31-745
51qq, inclusive, as amended by this act, for any employer to interfere 746
with, restrain or deny the exercise of, or the attempt to exercise, any 747 Substitute Bill No. 5003
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right provided under said sections. 748
(2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 749
inclusive, as amended by this act, for any employer to discharge or 750
cause to be discharged, or in any other manner discriminate, against 751
any individual for opposing any practice made unlawful by said 752
sections or because such employee has exercised the rights afforded to 753
such employee under said sections. 754
(b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 755
inclusive, as amended by this act, for any person to discharge or cause 756
to be discharged, or in any other manner discriminate, against any 757
individual because such individual: 758
(1) Has filed any charge, or has instituted or caused to be instituted 759
any proceeding, under or related to sections 5-248a and 31-51kk to 31-760
51qq, inclusive, as amended by this act; 761
(2) Has given, or is about to give, any information in connection 762
with any inquiry or proceeding relating to any right provided under 763
said sections; or 764
(3) Has testified, or is about to testify, in any inquiry or proceeding 765
relating to any right provided under said sections. 766
(c) (1) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, 767
as amended by this act, for any employer to deny an employee the 768
right to use up to two weeks of accumulated sick leave or to discharge, 769
threaten to discharge, demote, suspend or in any manner discriminate 770
against an employee for using, or attempting to exercise the right to 771
use, up to two weeks of accumulated sick leave to attend to a serious 772
health condition of a spouse, sibling, son or daughter, [spouse or] 773
grandparent, grandchild, parent or any other individual related by 774
blood or whose close association with the employee is the equivalent 775
of a family member of the employee, or for the birth or adoption of a 776
son or daughter of the employee. For purposes of this subsection, "sick 777
leave" means an absence from work for which compensation is 778 Substitute Bill No. 5003
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provided through an employer's bona fide written policy providing 779
compensation for loss of wages occasioned by illness, but does not 780
include absences from work for which compensation is provided 781
through an employer's plan, including, but not limited to, a short or 782
long-term disability plan, whether or not such plan is self-insured. 783
(2) Any employee aggrieved by a violation of this subsection may 784
file a complaint with the Labor Commissioner alleging violation of the 785
provisions of this subsection. Upon receipt of any such complaint, the 786
commissioner shall hold a hearing. After the hearing, the 787
commissioner shall send each party a written copy of the 788
commissioner's decision. The commissioner may award the employee 789
all appropriate relief, including rehiring or reinstatement to the 790
employee's previous job, payment of back wages and reestablishment 791
of employee benefits to which the employee otherwise would have 792
been eligible if a violation of this subsection had not occurred. Any 793
party aggrieved by the decision of the commissioner may appeal the 794
decision to the Superior Court in accordance with the provisions of 795
chapter 54. 796
(3) The rights and remedies specified in this subsection are 797
cumulative and nonexclusive and are in addition to any other rights or 798
remedies afforded by contract or under other provisions of law. 799
Sec. 19. Section 31-51qq of the general statutes is repealed and the 800
following is substituted in lieu thereof (Effective July 1, 2020): 801
[On or before January 1, 1997] Not later than July 1, 2021, the Labor 802
Commissioner shall adopt regulations, in accordance with the 803
provisions of chapter 54, to establish procedures and guidelines 804
necessary to implement the provisions of sections [5-248a and] 31-51kk 805
to 31-51qq, inclusive, as amended by this act, and sections 2 to 13, 806
inclusive, of this act, including, but not limited to, procedures for 807
hearings and redress, including restoration and restitution, for an 808
employee who believes that there is a violation by the employer of 809
such employee of any provision of said sections. [In adopting such 810 Substitute Bill No. 5003
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regulations, the commissioner shall make reasonable efforts to ensure 811
compatibility of state regulatory provisions with similar provisions of 812
the federal Family and Medical Leave Act of 1993 and the regulations 813
promulgated pursuant to said act.] 814
Sec. 20. (Effective from passage) (a) For the purposes described in this 815
section, the State Bond Commission shall have the power, from time to 816
time, to authorize the issuance of bonds of the state in one or more 817
series and in principal amounts not exceeding in the aggregate twenty 818
million dollars. 819
(b) The proceeds of the sale of said bonds, to the extent of the 820
amount stated in subsection (a) of this section, shall be used by the 821
Labor Department for the purpose of the Family and Medical Leave 822
Insurance Program established in section 2 of this act, provided (1) ten 823
million dollars of the amount stated in subsection (a) of this section 824
shall be used for start-up costs in fiscal year 2020, and (2) ten million 825
dollars of the amount stated in subsection (a) of this section shall be 826
used for start-up costs in fiscal year 2021. 827
(c) All provisions of section 3-20 of the general statutes, or the 828
exercise of any right or power granted thereby, which are not 829
inconsistent with the provisions of this section are hereby adopted and 830
shall apply to all bonds authorized by the State Bond Commission 831
pursuant to this section, and temporary notes in anticipation of the 832
money to be derived from the sale of any such bonds so authorized 833
may be issued in accordance with said section 3-20 and from time to 834
time renewed. Such bonds shall mature at such time or times not 835
exceeding twenty years from their respective dates as may be provided 836
in or pursuant to the resolution or resolutions of the State Bond 837
Commission authorizing such bonds. None of said bonds shall be 838
authorized except upon a finding by the State Bond Commission that 839
there has been filed with it a request for such authorization which is 840
signed by or on behalf of the Secretary of the Office of Policy and 841
Management and states such terms and conditions as said commission, 842
in its discretion, may require. Said bonds issued pursuant to this 843 Substitute Bill No. 5003
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section shall be general obligations of the state and the full faith and 844
credit of the state of Connecticut are pledged for the payment of the 845
principal of and interest on said bonds as the same become due, and 846
accordingly and as part of the contract of the state with the holders of 847
said bonds, appropriation of all amounts necessary for punctual 848
payment of such principal and interest is hereby made, and the State 849
Treasurer shall pay such principal and interest as the same become 850
due. 851
Sec. 21. Section 3-13c of the general statutes is repealed and the 852
following is substituted in lieu thereof (Effective July 1, 2019): 853
Trust funds as used in sections 3-13 to 3-13e, inclusive, and 3-31b 854
shall be construed to include Connecticut Municipal Employees' 855
Retirement Fund A, Connecticut Municipal Employees' Retirement 856
Fund B, Soldiers, Sailors and Marines Fund, Family and Medical Leave 857
Insurance Trust Fund, State's Attorneys' Retirement Fund, Teachers' 858
Annuity Fund, Teachers' Pension Fund, Teachers' Survivorship and 859
Dependency Fund, School Fund, State Employees Retirement Fund, 860
the Hospital Insurance Fund, Policemen and Firemen Survivor's 861
Benefit Fund and all other trust funds administered, held or invested 862
by the State Treasurer. 863
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 January 1, 2020 New section
Sec. 8 from passage New section
Sec. 9 from passage New section
Sec. 10 July 1, 2021 New section
Sec. 11 from passage New section Substitute Bill No. 5003
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Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 July 1, 2021 31-51kk
Sec. 15 July 1, 2021 31-51ll
Sec. 16 July 1, 2021 31-51mm
Sec. 17 July 1, 2021 31-51oo
Sec. 18 July 1, 2021 31-51pp
Sec. 19 July 1, 2020 31-51qq
Sec. 20 from passage New section
Sec. 21 July 1, 2019 3-13c
Statement of Legislative Commissioners:
In Section 20(b)(1) and (2), the references to fiscal years 2019 and 2020
were changed to 2020 and 2021, respectively, for accuracy.
LAB Joint Favorable Subst.