Connecticut 2019 Regular Session

Connecticut House Bill HB05003 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-~~R03~~-
	3	+	LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-R02-
4	4		HB.docx
5	5		1 of 29
6	6
7	7		General Assembly Substitute Bill No. 5003
8	8		January Session, 2019
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT IMPLEMENTING A PAID FAMILY MEDICAL LEAVE
15	15		PROGRAM.
16	16		Be it enacted by the Senate and House of Representatives in General
17	17		Assembly convened:
18	18
19	19		Section 1. (NEW) (Effective from passage) As used in this section and 1
20	20		sections 2 to 13, inclusive, of this act: 2
21	21		(1) "Covered employee" means an individual who (A) (i) has earned 3
22	22		not less than two thousand three hundred twenty-five dollars from one 4
23	23		or more employers during the employee's highest earning quarter 5
24	24		within the five most recently completed calendar quarters, and (ii) is 6
25	25		employed by an employer or not currently employed, (B) is a self-7
26	26		employed individual or sole proprietor who is enrolled in the Family 8
27	27		and Medical Leave Insurance Program pursuant to section 8 of this act, 9
28	28		or (C) is a covered public employee; 10
29	29		(2) "Covered public employee" means an individual who is (A) 11
30	30		employed in state service, as defined in section 5-196 of the general 12
31	31		statutes, and who is not in a bargaining unit established pursuant to 13
32	32		sections 5-270 to 5-280, inclusive, of the general statutes, or (B) a 14
33	33		member of a collective bargaining unit that has negotiated inclusion in 15
34	34		the program, in accordance with chapter 68 of the general statutes, 16
35	35		sections 7-467 to 7-477, inclusive, of the general statutes or sections 10-17
36	36		153a to 10-153n, inclusive, of the general statutes. If a municipal 18 Substitute Bill No. 5003
37	37
38	38
39	39		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
40		-	~~R03~~-HB.docx }
	40	+	R02-HB.docx }
41	41		2 of 29
42	42
43	43		employer, as defined in section 7-467 of the general statutes, or a local 19
44	44		or regional board of education negotiates inclusion in the program for 20
45	45		members of a collective bargaining unit, "covered public employee" 21
46	46		also means an individual who is employed by such municipal 22
47	47		employer or local or regional board of education and who is not in a 23
48	48		bargaining unit established under sections 7-467 to 7-477, inclusive, of 24
49	49		the general statutes, or sections 10-153a to 10-153n, inclusive, of the 25
50	50		general statutes; 26
51	51		(3) "Administrator" means the Labor Department; 27
52	52		(4) "Employ" means to allow or permit to work; 28
53	53		(5) "Employee" means an individual engaged in service to an 29
54	54		employer in this state in the business of the employer and includes a 30
55	55		self-employed individual or sole proprietor in this state who elects 31
56	56		coverage under section 8 of this act; 32
57	57		(6) "Employer" means a person engaged in any activity, enterprise 33
58	58		or business who employs one or more employees, and includes any 34
59	59		person who acts, directly or indirectly, in the interest of an employer to 35
60	60		any of the employees of such employer and any successor in interest of 36
61	61		an employer. "Employer" does not mean the state or a municipality, a 37
62	62		local or regional board of education or a nonpublic elementary or 38
63	63		secondary school, except that the state, a municipal employer or local 39
64	64		or regional board of education shall be an employer with respect to 40
65	65		each of its covered public employees; 41
66	66		(7) "Family and medical leave compensation" or "compensation" 42
67	67		means the paid leave provided to covered employees from the Family 43
68	68		and Medical Leave Insurance Trust Fund; 44
69	69		(8) "Family and Medical Leave Insurance Program" or "program" 45
70	70		means the program established in section 2 of this act; 46
71	71		(9) "Family and Medical Leave Insurance Trust Fund" or "trust" 47
72	72		means the trust fund established in section 3 of this act; and 48 Substitute Bill No. 5003
73	73
74	74
75	75		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
76		-	~~R03~~-HB.docx }
	76	+	R02-HB.docx }
77	77		3 of 29
78	78
79	79		(10) "Person" means one or more individuals, partnerships, 49
80	80		associations, corporations, limited liability companies, business trusts, 50
81	81		legal representatives or any organized group of persons. 51
82	82		Sec. 2. (NEW) (Effective from passage) (a) There is established a 52
83	83		Family and Medical Leave Insurance Program. The program shall be 53
84	84		administered by the administrator and shall offer up to twelve 54
85	85		workweeks of family and medical leave compensation to covered 55
86	86		employees during any twelve-month period. The program shall offer 56
87	87		two additional weeks of family and medical leave compensation to a 57
88	88		covered employee for a serious health condition that occurs during a 58
89	89		pregnancy that results in incapacitation. 59
90	90		(b) Not later than July 1, 2020, the administrator shall begin 60
91	91		collecting contributions to the Family and Medical Leave Insurance 61
92	92		Trust Fund, established in section 3 of this act and, on and after July 1, 62
93	93		2021, shall begin to provide compensation to covered employees. For 63
94	94		the purposes of this section and sections 3 to 13, inclusive, of this act, 64
95	95		the administrator shall have the power to (1) determine whether an 65
96	96		individual meets the requirements for compensation under this 66
97	97		section; (2) require a covered employee's claim for compensation 67
98	98		pursuant to this section be supported by certification pursuant to 68
99	99		section 31-51mm of the general statutes, as amended by this act, and 69
100	100		subsection (d) of section 31-51ss of the general statutes; (3) examine, or 70
101	101		cause to be produced or examined, any books, records, documents, 71
102	102		contracts or other papers relevant to the eligibility of a covered 72
103	103		employee; (4) summon and examine under oath such witnesses as may 73
104	104		provide information relevant to a covered employee's claim for family 74
105	105		and medical leave compensation; (5) establish procedures and forms 75
106	106		for the filing of claims for compensation, including the certification 76
107	107		required for establishing eligibility for such compensation; and (6) 77
108	108		ensure the confidentiality of records and documents relating to 78
109	109		medical certifications, recertifications or medical histories of covered 79
110	110		employees or covered employees' family members pursuant to section 80
111	111		31-51oo of the general statutes, as amended by this act. 81 Substitute Bill No. 5003
112	112
113	113
114	114		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
115		-	~~R03~~-HB.docx }
	115	+	R02-HB.docx }
116	116		4 of 29
117	117
118	118		(c) (1) Each employee shall contribute a percentage of his or her 82
119	119		weekly earnings to the Family and Medical Leave Insurance Trust 83
120	120		Fund, in a manner and form prescribed by the administrator pursuant 84
121	121		to section 6 of this act, provided such percentage shall not exceed one-85
122	122		half of one per cent. The amount of earnings subject to contributions 86
123	123		for a given year shall not exceed the Social Security contribution and 87
124	124		benefit base, as determined pursuant to 42 USC 430, as amended from 88
125	125		time to time, and shall be utilized to provide compensation to covered 89
126	126		employees pursuant to this subsection and subsections (d) to (f), 90
127	127		inclusive, of this section. 91
128	128		(2) Notwithstanding subdivision (1) of this subsection, if employee 92
129	129		contributions are the maximum percentage allowed pursuant to said 93
130	130		subdivision and the administrator determines that employee 94
131	131		contributions are not sufficient to ensure solvency of the program, the 95
132	132		administrator, subject to the provisions of subdivision (3) of this 96
133	133		subsection, shall increase the amount of earnings subject to 97
134	134		contributions to an appropriate amount that exceeds the Social 98
135	135		Security contribution and benefit base specified in said subdivision, in 99
136	136		order to ensure the solvency of the program. 100
137	137		(3) The administrator shall not increase the amount of earnings 101
138	138		subject to contributions pursuant to subdivision (2) of this subsection 102
139	139		unless the General Assembly, by resolution, approves such increase. 103
140	140		The General Assembly may reject such increase by a three-fifths vote 104
141	141		of each house. Such increase shall be deemed approved if the General 105
142	142		Assembly fails to vote to approve or reject such increase within thirty 106
143	143		days of submittal by the administrator. Each proposed increase shall 107
144	144		be submitted by the administrator to the General Assembly and shall 108
145	145		be referred to the joint standing committee of the General Assembly 109
146	146		having cognizance of matters relating to labor. 110
147	147		(d) (1) The weekly compensation offered to covered employees shall 111
148	148		be one hundred per cent of a covered employee's weekly earnings, 112
149	149		except that the weekly compensation shall not exceed one thousand 113
150	150		dollars. If the Internal Revenue Service determines that family and 114 Substitute Bill No. 5003
151	151
152	152
153	153		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
154		-	~~R03~~-HB.docx }
	154	+	R02-HB.docx }
155	155		5 of 29
156	156
157	157		medical leave compensation is subject to federal income tax and a 115
158	158		covered employee elects to have federal income tax deducted and 116
159	159		withheld from his or her compensation, the administrator shall deduct 117
160	160		and withhold the amount specified in the United States Internal 118
161	161		Revenue Code in a manner consistent with state law. 119
162	162		(2) On July 1, 2022, and not later than each July fifteenth thereafter, 120
163	163		the Labor Commissioner shall announce an adjustment to the 121
164	164		maximum compensation established pursuant to subdivision (1) of this 122
165	165		subsection that shall be equal to the percentage increase between the 123
166	166		last complete calendar year and the previous calendar year in the 124
167	167		consumer price index for urban wage earners and clerical workers in 125
168	168		the northeast urban area of New York-Northern New Jersey-Long 126
169	169		Island, NY-NJ-CT-PA, with no seasonal adjustment, as calculated by 127
170	170		the United States Department of Labor's Bureau of Labor Statistics, 128
171	171		with the amount of the maximum compensation increase rounded to 129
172	172		the nearest five cents. The maximum compensation plus the 130
173	173		adjustment announced by the Labor Commissioner on July fifteenth 131
174	174		shall become the new maximum compensation and shall be effective 132
175	175		on the January first immediately following. 133
176	176		(e) A covered employee shall receive compensation under this 134
177	177		section for leave taken for one or more of the reasons listed in 135
178	178		subparagraphs (A) to (E), inclusive, of subdivision (2) of subsection (a) 136
179	179		of section 31-51ll of the general statutes, as amended by this act, or the 137
180	180		reasons listed in subsection (i) of said section or section 31-51ss of the 138
181	181		general statutes, if such covered employee (1) provides notice to the 139
182	182		administrator, and such covered employee's employer, if applicable, of 140
183	183		the need for such compensation in a form and manner prescribed by 141
184	184		the administrator, and (2) upon the request of the administrator, 142
185	185		provides certification of such covered employee's need f or 143
186	186		compensation in accordance with the provisions of section 31-51mm of 144
187	187		the general statutes, as amended by this act, to the administrator and 145
188	188		such employer, if applicable. 146
189	189		(f) A covered employee may receive compensation under this 147 Substitute Bill No. 5003
190	190
191	191
192	192		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
193		-	~~R03~~-HB.docx }
	193	+	R02-HB.docx }
194	194		6 of 29
195	195
196	196		section for nonconsecutive hours of leave, provided such leave shall 148
197	197		not be less than four hours of leave in any workweek. If family and 149
198	198		medical leave compensation is received for four hours or more, but for 150
199	199		less than one full week, such hourly compensation shall be determined 151
200	200		on a pro rata basis at the discretion of the administrator. 152
201	201		(g) A covered employee may receive compensation under this 153
202	202		section concurrently with any employer-provided employment 154
203	203		benefits, provided the total compensation of such covered employee 155
204	204		during such period of leave shall not exceed such covered employee's 156
205	205		regular rate of compensation. 157
206	206		(h) No covered employee shall receive compensation under this 158
207	207		section concurrently with compensation under chapter 567 or 568 of 159
208	208		the general statutes or any other state or federal program that provides 160
209	209		wage replacement. 161
210	210		(i) Any moneys expended from the General Fund for the purpose of 162
211	211		administering the Family and Medical Leave Insurance Program, or 163
212	212		providing compensation to covered employees, shall be reimbursed to 164
213	213		the General Fund by the administrator not later than October 1, 2021. 165
214	214		Sec. 3. (NEW) (Effective from passage) (a) There is established a fund 166
215	215		to be known as the "Family and Medical Leave Insurance Trust Fund" 167
216	216		for the purpose of providing family and medical leave compensation 168
217	217		to covered employees. The Family and Medical Leave Insurance Trust 169
218	218		Fund shall be a nonlapsing fund held by the State Treasurer separate 170
219	219		and apart from all other moneys, funds and accounts. Investment 171
220	220		earnings credited to the trust shall become part of the trust. 172
221	221		(b) The trust shall constitute an instrumentality of the state and shall 173
222	222		perform essential governmental functions, in accordance with the 174
223	223		provisions of this section. The trust shall receive and hold all payments 175
224	224		and deposits and premiums intended for the trust, as well as gifts, 176
225	225		bequests, endowments or federal, state or local grants and any other 177
226	226		funds from any public or private source and all earnings until 178 Substitute Bill No. 5003
227	227
228	228
229	229		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
230		-	~~R03~~-HB.docx }
	230	+	R02-HB.docx }
231	231		7 of 29
232	232
233	233		disbursed in accordance with the provisions of this section. 179
234	234		(c) The amounts on deposit in the trust shall not constitute property 180
235	235		of the state and the trust shall not be construed to be a department, 181
236	236		institution or agency of the state. Amounts on deposit in the trust shall 182
237	237		not be commingled with state funds and the state shall have no claim 183
238	238		to or against, or interest in, such funds. Any contract entered into by or 184
239	239		any obligation of the trust shall not constitute a debt or obligation of 185
240	240		the state and the state shall have no obligation to any designated 186
241	241		beneficiary or any other person on account of the trust and all amounts 187
242	242		obligated to be paid from the trust shall be limited to amounts 188
243	243		available for such obligation on deposit in the trust. The trust shall 189
244	244		continue in existence as long as it holds any deposits or has any 190
245	245		obligations and until its existence is terminated by law and upon 191
246	246		termination any unclaimed assets shall return to the state. Property of 192
247	247		the trust shall be governed by section 3-61a of the general statutes. 193
248	248		(d) The State Treasurer shall be responsible for the receipt and 194
249	249		investment of moneys held by the trust. The trust shall not receive 195
250	250		deposits in any form other than cash. No depositor or designated 196
251	251		beneficiary may direct the investment of any contributions or amounts 197
252	252		held in the trust other than the specific fund options provided for by 198
253	253		the trust. 199
254	254		(e) The assets of the trust shall be used for the purpose of 200
255	255		distributing family and medical leave compensation to covered 201
256	256		employees, educating and informing persons about the program and 202
257	257		paying the operational, administrative and investment costs of the 203
258	258		trust, including those incurred pursuant to section 6 of this act. 204
259	259		Sec. 4. (NEW) (Effective from passage) The State Treasurer, on behalf 205
260	260		of the Family and Medical Leave Insurance Trust Fund and for 206
261	261		purposes of the trust, shall: 207
262	262		(1) Receive and invest moneys in the trust in any instruments, 208
263	263		obligations, securities or property in accordance with sections 3 to 5, 209 Substitute Bill No. 5003
264	264
265	265
266	266		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
267		-	~~R03~~-HB.docx }
	267	+	R02-HB.docx }
268	268		8 of 29
269	269
270	270		inclusive, of this act; 210
271	271		(2) Procure insurance as the State Treasurer deems necessary to 211
272	272		protect the trust's property, assets, activities or deposits or 212
273	273		contributions to the trust; and 213
274	274		(3) Apply for, accept and expend gifts, grants or donations from 214
275	275		public or private sources to carry out the objectives of the trust. 215
276	276		Sec. 5. (NEW) (Effective from passage) The State Treasurer shall invest 216
277	277		the amounts on deposit in the Family and Medical Leave Insurance 217
278	278		Trust Fund in a manner reasonable and appropriate to achieve the 218
279	279		objectives of the trust, exercising the discretion and care of a prudent 219
280	280		person in similar circumstances with similar objectives. The State 220
281	281		Treasurer shall give due consideration to rate of return, risk, term or 221
282	282		maturity, diversification of the total portfolio within the trust, 222
283	283		liquidity, the projected disbursements and expenditures and the 223
284	284		expected payments, deposits, contributions and gifts to be received. 224
285	285		The State Treasurer shall not require the trust to invest directly in 225
286	286		obligations of the state or any political subdivision of the state or in 226
287	287		any investment or other fund administered by the State Treasurer. The 227
288	288		assets of the trust shall be continuously invested and reinvested in a 228
289	289		manner consistent with the objectives of the trust until disbursed upon 229
290	290		order of the administrator or expended on expenses incurred by the 230
291	291		operations of the trust. 231
292	292		Sec. 6. (NEW) (Effective from passage) The administrator, in 232
293	293		consultation with the State Treasurer and the Department of Revenue 233
294	294		Services, shall establish the procedures necessary to implement the 234
295	295		Family and Medical Leave Insurance Program. The administrator 235
296	296		shall: 236
297	297		(1) Design, establish and operate the program to ensure 237
298	298		transparency in the management of the program and the Family and 238
299	299		Medical Leave Insurance Trust Fund through oversight and ethics 239
300	300		review of plan fiduciaries; 240 Substitute Bill No. 5003
301	301
302	302
303	303		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
304		-	~~R03~~-HB.docx }
	304	+	R02-HB.docx }
305	305		9 of 29
306	306
307	307		(2) Design and establish the process by which employees shall 241
308	308		contribute a portion of their salary or wages to the trust. Such process 242
309	309		shall include, but need not be limited to, the creation of an information 243
310	310		packet including the necessary paperwork for an employee to 244
311	311		participate in the program pursuant to section 8 of this act; 245
312	312		(3) Evaluate and establish the process by which employers may 246
313	313		credit employee premiums to the trust through payroll deposit; 247
314	314		(4) Determine the number of employees of an employer as of 248
315	315		October first of each year and determine the amount of employee 249
316	316		contributions necessary to ensure solvency of the program, provided 250
317	317		total contributions shall not be less than four million dollars per month 251
318	318		and contribution amounts shall be established in accordance with 252
319	319		section 2 of this act; 253
320	320		(5) Ensure that contributions to the trust collected from employees 254
321	321		shall not be used for any purpose other than to provide compensation 255
322	322		to covered employees, educating and informing persons about the 256
323	323		program and paying the operational, administrative and investment 257
324	324		costs of the trust; 258
325	325		(6) Establish and maintain a secure Internet web site that displays all 259
326	326		public notices issued by the administrator and such other information 260
327	327		as the administrator deems relevant and necessary for the 261
328	328		implementation of the program and for the education of the public 262
329	329		regarding the program; and 263
330	330		(7) Not later than January 1, 2020, submit a report, in accordance 264
331	331		with the provisions of section 11-4a of the general statutes, to the 265
332	332		General Assembly regarding any recommendations for legislative 266
333	333		action that may be necessary for the implementation and 267
334	334		administration of the program. 268
335	335		Sec. 7. (NEW) (Effective January 1, 2020) The administrator, in 269
336	336		consultation with the State Treasurer, shall conduct a public education 270
337	337		campaign to inform individuals and employers about the Family and 271 Substitute Bill No. 5003
338	338
339	339
340	340		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
341		-	~~R03~~-HB.docx }
	341	+	R02-HB.docx }
342	342		10 of 29
343	343
344	344		Medical Leave Insurance Program. Such campaign shall include, but 272
345	345		not be limited to, information about the requirements for receiving 273
346	346		family and medical leave compensation, how to apply for such 274
347	347		compensation and the circumstances for which such compensation 275
348	348		may be available. The administrator may use funds contributed to the 276
349	349		Family and Medical Leave Insurance Trust Fund for purposes of the 277
350	350		public education campaign. Information distributed or made available 278
351	351		under the campaign shall be available in English and Spanish and in 279
352	352		any other language prescribed by the administrator. 280
353	353		Sec. 8. (NEW) (Effective from passage) (a) A self-employed individual 281
354	354		or sole proprietor, upon application to the administrator, in a form and 282
355	355		manner prescribed by the administrator, may enroll in the Family and 283
356	356		Medical Leave Insurance Program, provided such self-employed 284
357	357		individual or sole proprietor is enrolled in the program for an initial 285
358	358		period of not less than three years. Such self-employed individual or 286
359	359		sole proprietor shall be automatically reenrolled in the program for a 287
360	360		subsequent period, or periods, of not less than one year. Such 288
361	361		reenrollment begins immediately following a period of participation in 289
362	362		the program. 290
363	363		(b) A self-employed individual or sole proprietor may withdraw 291
364	364		from the program upon submitting written notice to the administrator 292
365	365		not less than thirty days prior to the expiration of the initial enrollment 293
366	366		or subsequent reenrollment period, or at such other times as the 294
367	367		administrator may prescribe by rule. 295
368	368		Sec. 9. (NEW) (Effective from passage) Any covered employee, or self-296
369	369		employed individual or sole proprietor participating in the program, 297
370	370		aggrieved by a denial of compensation under the Family and Medical 298
371	371		Leave Insurance Program may file a complaint with the Labor 299
372	372		Commissioner. Upon receipt of any such complaint, the commissioner 300
373	373		shall hold a hearing. After the hearing, the commissioner shall send 301
374	374		each party a written copy of the commissioner's decision. The 302
375	375		commissioner may award the covered employee, or self-employed 303
376	376		individual or sole proprietor, all appropriate relief, including any 304 Substitute Bill No. 5003
377	377
378	378
379	379		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
380		-	~~R03~~-HB.docx }
	380	+	R02-HB.docx }
381	381		11 of 29
382	382
383	383		compensation or benefits to which the employee otherwise would 305
384	384		have been eligible if such denial had not occurred. Any party 306
385	385		aggrieved by the decision of the commissioner may appeal the 307
386	386		decision to the Superior Court in accordance with the provisions of 308
387	387		chapter 54 of the general statutes. 309
388	388		Sec. 10. (NEW) (Effective July 1, 2021) Each employer shall, at the 310
389	389		time of hiring, and annually thereafter, provide written notice to each 311
390	390		of the employer's employees (1) of the entitlement to family and 312
391	391		medical leave under sections 31-51kk to 31-51qq, inclusive, of the 313
392	392		general statutes, as amended by this act, and 31-51ss of the general 314
393	393		statutes and the terms under which such leave may be used, (2) that 315
394	394		retaliation by the employer against the employee for requesting, 316
395	395		applying for or using family and medical leave for which the employee 317
396	396		is eligible is prohibited, and (3) that the employee has a right to file a 318
397	397		complaint with the Labor Commissioner for any violation of said 319
398	398		sections. The Labor Commissioner may adopt regulations, in 320
399	399		accordance with chapter 54 of the general statutes, to establish 321
400	400		additional requirements concerning the means by which employers 322
401	401		shall provide such notice. 323
402	402		Sec. 11. (NEW) (Effective from passage) (a) Any individual or covered 324
403	403		employee participating in the program who wilfully makes a false 325
404	404		statement or misrepresentation regarding a material fact, or wilfully 326
405	405		fails to report a material fact, to obtain family and medical leave 327
406	406		compensation shall be disqualified from receiving any compensation 328
407	407		under the program for one year. 329
408	408		(b) If family and medical leave compensation is paid to an 330
409	409		individual or covered employee erroneously or as a result of wilful 331
410	410		misrepresentation by such individual or covered employee, or if a 332
411	411		claim for family and medical leave compensation is rejected after 333
412	412		compensation is paid, the administrator may seek repayment of 334
413	413		benefits from the individual or covered employee who received such 335
414	414		compensation. The Labor Commissioner may, in his or her discretion, 336
415	415		waive, in whole or in part, the amount of any such payments where 337 Substitute Bill No. 5003
416	416
417	417
418	418		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
419		-	~~R03~~-HB.docx }
	419	+	R02-HB.docx }
420	420		12 of 29
421	421
422	422		the recovery would be against equity and good conscience. 338
423	423		Sec. 12. (NEW) (Effective from passage) Nothing in sections 31-51kk to 339
424	424		31-51qq, inclusive, of the general statutes, as amended by this act, and 340
425	425		31-51ss of the general statutes or sections 2 to 13, inclusive, of this act, 341
426	426		shall be construed to (1) prevent employers from providing any 342
427	427		benefits that are more expansive than those provided for under said 343
428	428		sections, (2) diminish any rights provided to any covered employee 344
429	429		under the terms of the covered employee's employment or a collective 345
430	430		bargaining agreement, or (3) interfere with, impede or in any way 346
431	431		diminish the right of an employee to bargain collectively with his or 347
432	432		her employer through a representative of his or her choosing, in order 348
433	433		to establish wages or conditions of work in excess of the applicable 349
434	434		minimum pursuant to sections 3-13c, 31-51kk to 31-51mm, inclusive, 350
435	435		31-51oo to 31-51qq, inclusive, of the general statutes, as amended by 351
436	436		this act, and sections 1 to 13, inclusive, and section 20 of this act. 352
437	437		Sec. 13. (Effective from passage) Not later than July 1, 2022, and 353
438	438		annually thereafter, the Labor Commissioner shall report, in 354
439	439		accordance with section 11-4a of the general statutes, to the joint 355
440	440		standing committees of the General Assembly having cognizance of 356
441	441		matters relating to appropriations and the budgets of state agencies 357
442	442		and labor, on (1) the projected and actual participation in the program, 358
443	443		(2) the balance of the trust, (3) the size of employers at which covered 359
444	444		employees are employed, (4) the reasons covered employees are 360
445	445		receiving family and medical leave compensation, (5) the success of the 361
446	446		administrator's outreach and education efforts, and (6) demographic 362
447	447		information of covered employees, including gender, age, town of 363
448	448		residence and income level. 364
449	449		Sec. 14. Section 31-51kk of the general statutes is repealed and the 365
450	450		following is substituted in lieu thereof (Effective July 1, 2021): 366
451	451		As used in sections 31-51kk to 31-51qq, inclusive, as amended by 367
452	452		this act: 368 Substitute Bill No. 5003
453	453
454	454
455	455		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
456		-	~~R03~~-HB.docx }
	456	+	R02-HB.docx }
457	457		13 of 29
458	458
459	459		(1) "Eligible employee" means an employee who has [been 369
460	460		employed (A) for at least twelve months by the employer with respect 370
461	461		to whom leave is requested; and (B) for at least one thousand hours of 371
462	462		service with such employer during the twelve-month period preceding 372
463	463		the first day of the leave] earned not less than two thousand three 373
464	464		hundred twenty-five dollars from one or more employers during the 374
465	465		employee's highest earning quarter within the five most recently 375
466	466		completed calendar quarters; 376
467	467		(2) "Employ" includes to allow or permit to work; 377
468	468		(3) "Employee" means any person engaged in service to an employer 378
469	469		in the business of the employer; 379
470	470		(4) "Employer" means a person engaged in any activity, enterprise 380
471	471		or business who employs [seventy-five] one or more employees, and 381
472	472		includes any person who acts, directly or indirectly, in the interest of 382
473	473		an employer to any of the employees of such employer and any 383
474	474		successor in interest of an employer, [but] and shall not include the 384
475	475		state, or a municipality, a local or regional board of education, or a 385
476	476		[private or parochial] nonpublic elementary or secondary school. The 386
477	477		number of employees of an employer shall be determined on October 387
478	478		first annually; 388
479	479		(5) "Employment benefits" means all benefits provided or made 389
480	480		available to employees by an employer, including group life insurance, 390
481	481		health insurance, disability insurance, sick leave, annual leave, 391
482	482		educational benefits and pensions, regardless of whether such benefits 392
483	483		are provided by practice or written policy of an employer or through 393
484	484		an "employee benefit plan", as defined in Section 1002(3) of Title 29 of 394
485	485		the United States Code; 395
486	486		(6) "Grandchild" means a grandchild related to a person by (A) 396
487	487		blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 397
488	488		foster care by a child of the grandparent; 398
489	489		(7) "Grandparent" means a grandparent related to a person by (A) 399 Substitute Bill No. 5003
490	490
491	491
492	492		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
493		-	~~R03~~-HB.docx }
	493	+	R02-HB.docx }
494	494		14 of 29
495	495
496	496		blood, (B) marriage, (C) adoption of a minor child by a child of the 400
497	497		grandparent, or (D) foster care by a child of the grandparent; 401
498	498		[(6)] (8) "Health care provider" means (A) a doctor of medicine or 402
499	499		osteopathy who is authorized to practice medicine or surgery by the 403
500	500		state in which the doctor practices; (B) a podiatrist, dentist, 404
501	501		psychologist, optometrist or chiropractor authorized to practice by the 405
502	502		state in which such person practices and performs within the scope of 406
503	503		the authorized practice; (C) an advanced practice registered nurse, 407
504	504		nurse practitioner, nurse midwife or clinical social worker authorized 408
505	505		to practice by the state in which such person practices and performs 409
506	506		within the scope of the authorized practice; (D) Christian Science 410
507	507		practitioners listed with the First Church of Christ, Scientist in Boston, 411
508	508		Massachusetts; (E) any health care provider from whom an employer 412
509	509		or a group health plan's benefits manager will accept certification of 413
510	510		the existence of a serious health condition to substantiate a claim for 414
511	511		benefits; (F) a health care provider as defined in subparagraphs (A) to 415
512	512		(E), inclusive, of this subdivision who practices in a country other than 416
513	513		the United States, who is licensed to practice in accordance with the 417
514	514		laws and regulations of that country; or (G) such other health care 418
515	515		provider as the Labor Commissioner determines, performing within 419
516	516		the scope of the authorized practice. The commissioner may utilize any 420
517	517		determinations made pursuant to chapter 568; 421
518	518		[(7)] (9) "Parent" means a biological parent, foster parent, adoptive 422
519	519		parent, stepparent, parent-in-law or legal guardian of an eligible 423
520	520		employee or an eligible employee's spouse, [or] an individual [who 424
521	521		stood] standing in loco parentis to an eligible employee, [when the 425
522	522		employee was a son or daughter] or an individual who stood in loco 426
523	523		parentis to the eligible employee when the employee was a child; 427
524	524		[(8)] (10) "Person" means one or more individuals, partnerships, 428
525	525		associations, corporations, business trusts, legal representatives or 429
526	526		organized groups of persons; 430
527	527		[(9)] (11) "Reduced leave schedule" means a leave schedule that 431 Substitute Bill No. 5003
528	528
529	529
530	530		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
531		-	~~R03~~-HB.docx }
	531	+	R02-HB.docx }
532	532		15 of 29
533	533
534	534		reduces the usual number of hours per workweek, or hours per 432
535	535		workday, of an employee; 433
536	536		[(10)] (12) "Serious health condition" means an illness, injury, 434
537	537		impairment, or physical or mental condition that involves (A) inpatient 435
538	538		care in a hospital, hospice, nursing home or residential medical care 436
539	539		facility; or (B) continuing treatment, including outpatient treatment, by 437
540	540		a health care provider; 438
541	541		(13) "Sibling" means a brother or sister related to a person by (A) 439
542	542		blood, (B) marriage, (C) adoption by a parent of the person, or (D) 440
543	543		foster care placement; 441
544	544		[(11)] (14) "Son or daughter" means a biological, adopted or foster 442
545	545		child, stepchild, legal ward, or, in the alternative, a child of a person 443
546	546		standing in loco parentis, [who is (A) under eighteen years of age; or 444
547	547		(B) eighteen years of age or older and incapable of self-care because of 445
548	548		a mental or physical disability] or an individual to whom the employee 446
549	549		stood in loco parentis when the individual was a child; and 447
550	550		[(12)] (15) "Spouse" means a [husband or wife, as the case may be] 448
551	551		person to whom one is legally married. 449
552	552		Sec. 15. Section 31-51ll of the general statutes is repealed and the 450
553	553		following is substituted in lieu thereof (Effective July 1, 2021): 451
554	554		(a) (1) Subject to section 31-51mm, as amended by this act, an 452
555	555		eligible employee shall be entitled to a total of [sixteen] twelve 453
556	556		workweeks of leave during any [twenty-four-month] twelve-month 454
557	557		period, such [twenty-four-month] twelve-month period to be 455
558	558		determined utilizing any one of the following methods: (A) 456
559	559		[Consecutive] A calendar [years] year; (B) any fixed [twenty-four-457
560	560		month] twelve-month period, such as [two] a consecutive fiscal [years] 458
561	561		year or a [twenty-four-month] twelve-month period measured forward 459
562	562		from an employee's first date of employment; (C) a [twenty-four-460
563	563		month] twelve-month period measured forward from an employee's 461
564	564		first day of leave taken under sections 31-51kk to 31-51qq, inclusive, as 462 Substitute Bill No. 5003
565	565
566	566
567	567		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
568		-	~~R03~~-HB.docx }
	568	+	R02-HB.docx }
569	569		16 of 29
570	570
571	571		amended by this act; or (D) a rolling [twenty-four-month] twelve- 463
572	572		month period measured backward from an employee's first day of 464
573	573		leave taken under sections 31-51kk to 31-51qq, inclusive, as amended 465
574	574		by this act. Such employee may take up to two additional weeks of 466
575	575		leave due to a serious health condition during a pregnancy that results 467
576	576		in incapacitation. 468
577	577		(2) Leave under this subsection may be taken for one or more of the 469
578	578		following reasons: 470
579	579		(A) Upon the birth of a son or daughter of the employee; 471
580	580		(B) Upon the placement of a son or daughter with the employee for 472
581	581		adoption or foster care; 473
582	582		(C) In order to care for the spouse, [or a son,] sibling, son or 474
583	583		daughter, [or] grandparent, grandchild, parent [of the employee,] or 475
584	584		any other individual related by blood or whose close association with 476
585	585		the employee is the equivalent of a family member if such spouse, 477
586	586		[son,] sibling, son or daughter, [or] grandparent, grandchild, parent or 478
587	587		any other individual related by blood or whose close association with 479
588	588		the employee is the equivalent of a family member has a serious health 480
589	589		condition; 481
590	590		(D) Because of a serious health condition of the employee; 482
591	591		(E) In order to serve as an organ or bone marrow donor; or 483
592	592		(F) Because of any qualifying exigency, as determined in regulations 484
593	593		adopted by the United States Secretary of Labor, arising out of the fact 485
594	594		that the spouse, son, daughter or parent of the employee is on active 486
595	595		duty, or has been notified of an impending call or order to active duty, 487
596	596		in the armed forces, as defined in subsection (a) of section 27-103. 488
597	597		(b) Entitlement to leave under subparagraph (A) or (B) of 489
598	598		subdivision (2) of subsection (a) of this section may accrue prior to the 490
599	599		birth or placement of a son or daughter when such leave is required 491 Substitute Bill No. 5003
600	600
601	601
602	602		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
603		-	~~R03~~-HB.docx }
	603	+	R02-HB.docx }
604	604		17 of 29
605	605
606	606		because of such impending birth or placement. 492
607	607		(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of 493
608	608		subsection (a) of this section for the birth or placement of a son or 494
609	609		daughter may not be taken by an employee intermittently or on a 495
610	610		reduced leave schedule unless the employee and the employer agree 496
611	611		otherwise. Subject to subdivision (2) of this subsection concerning an 497
612	612		alternative position, subdivision (2) of subsection (f) of this section 498
613	613		concerning the duties of the employee and subdivision (5) of 499
614	614		subsection (b) of section 31-51mm, as amended by this act, concerning 500
615	615		sufficient certification, leave under subparagraph (C) or (D) of 501
616	616		subdivision (2) of subsection (a) or under subsection (i) of this section 502
617	617		for a serious health condition may be taken intermittently or on a 503
618	618		reduced leave schedule when medically necessary. The taking of leave 504
619	619		intermittently or on a reduced leave schedule pursuant to this 505
620	620		subsection shall not result in a reduction of the total amount of leave to 506
621	621		which the employee is entitled under subsection (a) of this section 507
622	622		beyond the amount of leave actually taken. 508
623	623		(2) If an employee requests intermittent leave or leave on a reduced 509
624	624		leave schedule under subparagraph (C), (D) or (E) of subdivision (2) of 510
625	625		subsection (a) or under subsection (i) of this section that is foreseeable 511
626	626		based on planned medical treatment, the employer may require the 512
627	627		employee to transfer temporarily to an available alternative position 513
628	628		offered by the employer for which the employee is qualified and that 514
629	629		(A) has equivalent pay and benefits, and (B) better accommodates 515
630	630		recurring periods of leave than the regular employment position of the 516
631	631		employee, provided the exercise of this authority shall not conflict 517
632	632		with any provision of a collective bargaining agreement between such 518
633	633		employer and a labor organization which is the collective bargaining 519
634	634		representative of the unit of which the employee is a part. 520
635	635		(d) Except as provided in subsection (e) of this section, leave 521
636	636		granted under subsection (a) of this section may consist of unpaid 522
637	637		leave. 523 Substitute Bill No. 5003
638	638
639	639
640	640		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
641		-	~~R03~~-HB.docx }
	641	+	R02-HB.docx }
642	642		18 of 29
643	643
644	644		(e) (1) If an employer provides paid leave for fewer than [sixteen] 524
645	645		twelve workweeks, the additional weeks of leave necessary to attain 525
646	646		the [sixteen] twelve workweeks of leave required under sections 5-526
647	647		248a and 31-51kk to 31-51qq, inclusive, as amended by this act, may be 527
648	648		provided without compensation or with compensation through the 528
649	649		Family and Medical Leave Insurance Program established in section 2 529
650	650		of this act. 530
651	651		(2) (A) An eligible employee may elect [, or an employer may 531
652	652		require the employee,] to substitute any of the accrued paid vacation 532
653	653		leave, personal leave or family leave of the employee for leave 533
654	654		provided under subparagraph (A), (B) or (C) of subdivision (2) of 534
655	655		subsection (a) of this section for any part of the [sixteen-week] twelve-535
656	656		week period of such leave under said subsection or under subsection 536
657	657		(i) of this section for any part of the twenty-six-week period of such 537
658	658		leave. 538
659	659		(B) An eligible employee may elect [, or an employer may require 539
660	660		the employee,] to substitute any of the accrued paid vacation leave, 540
661	661		personal leave, or medical or sick leave of the employee for leave 541
662	662		provided under subparagraph (C), (D) or (E) of subdivision (2) of 542
663	663		subsection (a) of this section for any part of the [sixteen-week] twelve-543
664	664		week period of such leave under said subsection or under subsection 544
665	665		(i) of this section for any part of the twenty-six-week period of leave, 545
666	666		except that nothing in section 5-248a or sections 31-51kk to 31-51qq, 546
667	667		inclusive, as amended by this act, shall require an employer to provide 547
668	668		paid sick leave or paid medical leave in any situation in which such 548
669	669		employer would not normally provide any such paid leave. 549
670	670		(f) (1) In any case in which the necessity for leave under 550
671	671		subparagraph (A) or (B) of subdivision (2) of subsection (a) of this 551
672	672		section is foreseeable based on an expected birth or placement of a son 552
673	673		or daughter, the employee shall provide the employer with not less 553
674	674		than thirty days' notice, before the date of the leave is to begin, of the 554
675	675		employee's intention to take leave under said subparagraph (A) or (B), 555
676	676		except that if the date of the birth or placement of a son or daughter 556 Substitute Bill No. 5003
677	677
678	678
679	679		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
680		-	~~R03~~-HB.docx }
	680	+	R02-HB.docx }
681	681		19 of 29
682	682
683	683		requires leave to begin in less than thirty days, the employee shall 557
684	684		provide such notice as is practicable. 558
685	685		(2) In any case in which the necessity for leave under subparagraph 559
686	686		(C), (D) or (E) of subdivision (2) of subsection (a) or under subsection 560
687	687		(i) of this section is foreseeable based on planned medical treatment, 561
688	688		the employee (A) shall make a reasonable effort to schedule the 562
689	689		treatment so as not to disrupt unduly the operations of the employer, 563
690	690		subject to the approval of the health care provider of the employee or 564
691	691		the health care provider of the spouse, sibling, son [,] or daughter, 565
692	692		[spouse or] grandparent, grandchild, parent [of the employee] or any 566
693	693		other individual related by blood or whose close association with the 567
694	694		employee is the equivalent of a family member, as appropriate; and (B) 568
695	695		shall provide the employer with not less than thirty days' notice, 569
696	696		before the date the leave is to begin, of the employee's intention to take 570
697	697		leave under said subparagraph (C), (D) or (E) or said subsection (i), 571
698	698		except that if the date of the treatment requires leave to begin in less 572
699	699		than thirty days, the employee shall provide such notice as is 573
700	700		practicable. 574
701	701		(g) In any case in which [a husband and wife] two spouses entitled 575
702	702		to leave under subsection (a) of this section are employed by the same 576
703	703		employer, the aggregate number of workweeks of leave to which both 577
704	704		may be entitled may be limited to [sixteen] twelve workweeks during 578
705	705		any [twenty-four-month] twelve-month period, if such leave is taken: 579
706	706		(1) Under subparagraph (A) or (B) of subdivision (2) of subsection (a) 580
707	707		of this section; or (2) to care for a sick sibling, son or daughter, 581
708	708		grandparent, grandchild, parent or any other individual related by 582
709	709		blood or whose close association with the employee is the equivalent 583
710	710		of a family member under subparagraph (C) of said subdivision. In 584
711	711		any case in which [a husband and wife] two spouses entitled to leave 585
712	712		under subsection (i) of this section are employed by the same 586
713	713		employer, the aggregate number of workweeks of leave to which both 587
714	714		may be entitled may be limited to twenty-six workweeks during any 588
715	715		twelve-month period. 589 Substitute Bill No. 5003
716	716
717	717
718	718		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
719		-	~~R03~~-HB.docx }
	719	+	R02-HB.docx }
720	720		20 of 29
721	721
722	722		(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 590
723	723		31-51qq, inclusive, as amended by this act, shall not be construed to 591
724	724		affect an employee's qualification for exemption under chapter 558. 592
725	725		(i) Subject to section 31-51mm, as amended by this act, an eligible 593
726	726		employee who is the spouse, son or daughter, parent or next of kin of a 594
727	727		current member of the armed forces, as defined in section 27-103, who 595
728	728		is undergoing medical treatment, recuperation or therapy, is otherwise 596
729	729		in outpatient status or is on the temporary disability retired list for a 597
730	730		serious injury or illness incurred in the line of duty shall be entitled to 598
731	731		a one-time benefit of twenty-six workweeks of leave during any 599
732	732		twelve-month period for each armed forces member per serious injury 600
733	733		or illness incurred in the line of duty. Such twelve-month period shall 601
734	734		commence on an employee's first day of leave taken to care for a 602
735	735		covered armed forces member and end on the date twelve months 603
736	736		after such first day of leave. For the purposes of this subsection, (1) 604
737	737		"next of kin" means the armed forces member's nearest blood relative, 605
738	738		other than the covered armed forces member's spouse, parent, son or 606
739	739		daughter, in the following order of priority: Blood relatives who have 607
740	740		been granted legal custody of the armed forces member by court 608
741	741		decree or statutory provisions, brothers and sisters, grandparents, 609
742	742		aunts and uncles, and first cousins, unless the covered armed forces 610
743	743		member has specifically designated in writing another blood relative 611
744	744		as his or her nearest blood relative or any other individual whose close 612
745	745		association with the employee is the equivalent of a family member for 613
746	746		purposes of military caregiver leave, in which case the designated 614
747	747		individual shall be deemed to be the covered armed forces member's 615
748	748		next of kin; and (2) "son or daughter" means a biological, adopted or 616
749	749		foster child, stepchild, legal ward or child for whom the eligible 617
750	750		employee or armed forces member stood in loco parentis and who is 618
751	751		any age. 619
752	752		(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, as 620
753	753		amended by this act, shall not run concurrently with the provisions of 621
754	754		section 31-313. 622 Substitute Bill No. 5003
755	755
756	756
757	757		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
758		-	~~R03~~-HB.docx }
	758	+	R02-HB.docx }
759	759		21 of 29
760	760
761	761		(k) Notwithstanding the provisions of sections 5-248a and 31-51kk 623
762	762		to 31-51qq, inclusive, as amended by this act, all further rights granted 624
763	763		by federal law shall remain in effect. 625
764	764		Sec. 16. Section 31-51mm of the general statutes is repealed and the 626
765	765		following is substituted in lieu thereof (Effective July 1, 2021): 627
766	766		(a) An employer may require that request for leave based on a 628
767	767		serious health condition in subparagraph (C) or (D) of subdivision (2) 629
768	768		of subsection (a) of section 31-51ll, as amended by this act, or leave 630
769	769		based on subsection (i) of section 31-51ll, as amended by this act, be 631
770	770		supported by a certification issued by the health care provider of the 632
771	771		eligible employee or of the spouse, sibling, son [,] or daughter, 633
772	772		[spouse] grandparent, grandchild, parent, [or] next of kin or any other 634
773	773		individual related by blood or whose close association with the 635
774	774		employee is the equivalent of a family member of the employee, as 636
775	775		appropriate. The employee shall provide, in a timely manner, a copy of 637
776	776		such certification to the employer. 638
777	777		(b) Certification provided under subsection (a) of this section shall 639
778	778		be sufficient if it states: 640
779	779		(1) The date on which the serious health condition commenced; 641
780	780		(2) The probable duration of the condition; 642
781	781		(3) The appropriate medical facts within the knowledge of the 643
782	782		health care provider regarding the condition; 644
783	783		(4) (A) For purposes of leave under subparagraph (C) of subdivision 645
784	784		(2) of subsection (a) of section 31-51ll, as amended by this act, a 646
785	785		statement that the eligible employee is needed to care for the spouse, 647
786	786		sibling, son [,] or daughter, [spouse or] grandparent, grandchild, 648
787	787		parent or any other individual related by blood or whose close 649
788	788		association with the employee is the equivalent of a family member 650
789	789		and an estimate of the amount of time that such employee needs to 651
790	790		care for the spouse, sibling, son [,] or daughter, [spouse or] 652 Substitute Bill No. 5003
791	791
792	792
793	793		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
794		-	~~R03~~-HB.docx }
	794	+	R02-HB.docx }
795	795		22 of 29
796	796
797	797		grandparent, grandchild, parent or any other individual related by 653
798	798		blood or whose close association with the employee is the equivalent 654
799	799		of a family member; and (B) for purposes of leave under subparagraph 655
800	800		(D) of subdivision (2) of subsection (a) of section 31-51ll, as amended 656
801	801		by this act, a statement that the employee is unable to perform the 657
802	802		functions of the position of the employee; 658
803	803		(5) In the case of certification for intermittent leave or leave on a 659
804	804		reduced leave schedule for planned medical treatment, the dates on 660
805	805		which such treatment is expected to be given and the duration of such 661
806	806		treatment; 662
807	807		(6) In the case of certification for intermittent leave or leave on a 663
808	808		reduced leave schedule under subparagraph (D) of subdivision (2) of 664
809	809		subsection (a) of section 31-51ll, as amended by this act, a statement of 665
810	810		the medical necessity of the intermittent leave or leave on a reduced 666
811	811		leave schedule, and the expected duration of the intermittent leave or 667
812	812		reduced leave schedule; 668
813	813		(7) In the case of certification for intermittent leave or leave on a 669
814	814		reduced leave schedule under subparagraph (C) of subdivision (2) of 670
815	815		subsection (a) of section 31-51ll, as amended by this act, a statement 671
816	816		that the employee's intermittent leave or leave on a reduced leave 672
817	817		schedule is necessary for the care of the spouse, sibling, son [,] or 673
818	818		daughter, grandparent, grandchild, parent [or spouse] or any other 674
819	819		individual related by blood or whose close association with the 675
820	820		employee is the equivalent of a family member who has a serious 676
821	821		health condition, or will assist in their recovery, and the expected 677
822	822		duration and schedule of the intermittent leave or reduced leave 678
823	823		schedule; and 679
824	824		(8) In the case of certification for intermittent leave or leave on a 680
825	825		reduced leave schedule under subsection (i) of section 31-51ll, as 681
826	826		amended by this act, a statement that the employee's intermittent leave 682
827	827		or leave on a reduced leave schedule is necessary for the care of the 683
828	828		spouse, son or daughter, parent or next of kin who is a current member 684 Substitute Bill No. 5003
829	829
830	830
831	831		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
832		-	~~R03~~-HB.docx }
	832	+	R02-HB.docx }
833	833		23 of 29
834	834
835	835		of the armed forces, as defined in section 27-103, who is undergoing 685
836	836		medical treatment, recuperation or therapy, is otherwise in outpatient 686
837	837		status or is on the temporary disability retired list, for a serious injury 687
838	838		or illness incurred in the line of duty, and the expected duration and 688
839	839		schedule of the intermittent leave or reduced leave schedule. For the 689
840	840		purposes of this subsection, "son or daughter" and "next of kin" have 690
841	841		the same meanings as provided in subsection (i) of section 31-51ll, as 691
842	842		amended by this act. 692
843	843		(c) (1) In any case in which the employer has reason to doubt the 693
844	844		validity of the certification provided under subsection (a) of this 694
845	845		section for leave under subparagraph (C) or (D) of subdivision (2) of 695
846	846		subsection (a) or under subsection (i) of section 31-51ll, as amended by 696
847	847		this act, the employer may require, at the expense of the employer, that 697
848	848		the eligible employee obtain the opinion of a second health care 698
849	849		provider designated or approved by the employer concerning any 699
850	850		information certified under subsection (b) of this section for such leave. 700
851	851		(2) A health care provider designated or approved under 701
852	852		subdivision (1) of this subsection shall not be employed on a regular 702
853	853		basis by the employer. 703
854	854		(d) (1) In any case in which the second opinion described in 704
855	855		subsection (c) of this section differs from the opinion in the original 705
856	856		certification provided under subsection (a) of this section, the 706
857	857		employer may require, at the expense of the employer, that the 707
858	858		employee obtain the opinion of a third health care provider designated 708
859	859		or approved jointly by the employer and the employee concerning the 709
860	860		information certified under subsection (b) of this section. 710
861	861		(2) The opinion of the third health care provider concerning the 711
862	862		information certified under subsection (b) of this section shall be 712
863	863		considered to be final and shall be binding on the employer and the 713
864	864		employee. 714
865	865		(e) The employer may require that the eligible employee obtain 715 Substitute Bill No. 5003
866	866
867	867
868	868		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
869		-	~~R03~~-HB.docx }
	869	+	R02-HB.docx }
870	870		24 of 29
871	871
872	872		subsequent recertifications on a reasonable basis, provided the 716
873	873		standards for determining what constitutes a reasonable basis for 717
874	874		recertification may be governed by a collective bargaining agreement 718
875	875		between such employer and a labor organization which is the 719
876	876		collective bargaining representative of the unit of which the worker is 720
877	877		a part if such a collective bargaining agreement is in effect. Unless 721
878	878		otherwise required by the employee's health care provider, the 722
879	879		employer may not require recertification more than once during a 723
880	880		thirty-day period and, in any case, may not unreasonably require 724
881	881		recertification. The employer shall pay for any recertification that is not 725
882	882		covered by the employee's health insurance. 726
883	883		Sec. 17. Section 31-51oo of the general statutes is repealed and the 727
884	884		following is substituted in lieu thereof (Effective July 1, 2021): 728
885	885		Records and documents relating to medical certifications, 729
886	886		recertifications or medical histories of employees or employees' family 730
887	887		members, created for purposes of sections 5-248a and 31-51kk to 31-731
888	888		51qq, inclusive, as amended by this act, and sections 2 to 13, inclusive, 732
889	889		of this act shall be maintained as medical records pursuant to chapter 733
890	890		563a, except that: (1) Supervisors and managers may be informed 734
891	891		regarding necessary restrictions on the work or duties of an employee 735
892	892		and necessary accommodations; (2) first aid and safety personnel may 736
893	893		be informed, when appropriate, if the employee's physical or medical 737
894	894		condition might require emergency treatment; and (3) government 738
895	895		officials investigating compliance with sections 5-248a and 31-51kk to 739
896	896		31-51qq, inclusive, as amended by this act, and sections 2 to 13, 740
897	897		inclusive, of this act, or other pertinent law shall be provided relevant 741
898	898		information upon request. 742
899	899		Sec. 18. Section 31-51pp of the general statutes is repealed and the 743
900	900		following is substituted in lieu thereof (Effective July 1, 2021): 744
901	901		(a) (1) It shall be a violation of sections 5-248a and 31-51kk to 31-745
902	902		51qq, inclusive, as amended by this act, for any employer to interfere 746
903	903		with, restrain or deny the exercise of, or the attempt to exercise, any 747 Substitute Bill No. 5003
904	904
905	905
906	906		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
907		-	~~R03~~-HB.docx }
	907	+	R02-HB.docx }
908	908		25 of 29
909	909
910	910		right provided under said sections. 748
911	911		(2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 749
912	912		inclusive, as amended by this act, for any employer to discharge or 750
913	913		cause to be discharged, or in any other manner discriminate, against 751
914	914		any individual for opposing any practice made unlawful by said 752
915	915		sections or because such employee has exercised the rights afforded to 753
916	916		such employee under said sections. 754
917	917		(b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 755
918	918		inclusive, as amended by this act, for any person to discharge or cause 756
919	919		to be discharged, or in any other manner discriminate, against any 757
920	920		individual because such individual: 758
921	921		(1) Has filed any charge, or has instituted or caused to be instituted 759
922	922		any proceeding, under or related to sections 5-248a and 31-51kk to 31-760
923	923		51qq, inclusive, as amended by this act; 761
924	924		(2) Has given, or is about to give, any information in connection 762
925	925		with any inquiry or proceeding relating to any right provided under 763
926	926		said sections; or 764
927	927		(3) Has testified, or is about to testify, in any inquiry or proceeding 765
928	928		relating to any right provided under said sections. 766
929	929		(c) (1) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, 767
930	930		as amended by this act, for any employer to deny an employee the 768
931	931		right to use up to two weeks of accumulated sick leave or to discharge, 769
932	932		threaten to discharge, demote, suspend or in any manner discriminate 770
933	933		against an employee for using, or attempting to exercise the right to 771
934	934		use, up to two weeks of accumulated sick leave to attend to a serious 772
935	935		health condition of a spouse, sibling, son or daughter, [spouse or] 773
936	936		grandparent, grandchild, parent or any other individual related by 774
937	937		blood or whose close association with the employee is the equivalent 775
938	938		of a family member of the employee, or for the birth or adoption of a 776
939	939		son or daughter of the employee. For purposes of this subsection, "sick 777
940	940		leave" means an absence from work for which compensation is 778 Substitute Bill No. 5003
941	941
942	942
943	943		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
944		-	~~R03~~-HB.docx }
	944	+	R02-HB.docx }
945	945		26 of 29
946	946
947	947		provided through an employer's bona fide written policy providing 779
948	948		compensation for loss of wages occasioned by illness, but does not 780
949	949		include absences from work for which compensation is provided 781
950	950		through an employer's plan, including, but not limited to, a short or 782
951	951		long-term disability plan, whether or not such plan is self-insured. 783
952	952		(2) Any employee aggrieved by a violation of this subsection may 784
953	953		file a complaint with the Labor Commissioner alleging violation of the 785
954	954		provisions of this subsection. Upon receipt of any such complaint, the 786
955	955		commissioner shall hold a hearing. After the hearing, the 787
956	956		commissioner shall send each party a written copy of the 788
957	957		commissioner's decision. The commissioner may award the employee 789
958	958		all appropriate relief, including rehiring or reinstatement to the 790
959	959		employee's previous job, payment of back wages and reestablishment 791
960	960		of employee benefits to which the employee otherwise would have 792
961	961		been eligible if a violation of this subsection had not occurred. Any 793
962	962		party aggrieved by the decision of the commissioner may appeal the 794
963	963		decision to the Superior Court in accordance with the provisions of 795
964	964		chapter 54. 796
965	965		(3) The rights and remedies specified in this subsection are 797
966	966		cumulative and nonexclusive and are in addition to any other rights or 798
967	967		remedies afforded by contract or under other provisions of law. 799
968	968		Sec. 19. Section 31-51qq of the general statutes is repealed and the 800
969	969		following is substituted in lieu thereof (Effective July 1, 2020): 801
970	970		[On or before January 1, 1997] Not later than July 1, 2021, the Labor 802
971	971		Commissioner shall adopt regulations, in accordance with the 803
972	972		provisions of chapter 54, to establish procedures and guidelines 804
973	973		necessary to implement the provisions of sections [5-248a and] 31-51kk 805
974	974		to 31-51qq, inclusive, as amended by this act, and sections 2 to 13, 806
975	975		inclusive, of this act, including, but not limited to, procedures for 807
976	976		hearings and redress, including restoration and restitution, for an 808
977	977		employee who believes that there is a violation by the employer of 809
978	978		such employee of any provision of said sections. [In adopting such 810 Substitute Bill No. 5003
979	979
980	980
981	981		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
982		-	~~R03~~-HB.docx }
	982	+	R02-HB.docx }
983	983		27 of 29
984	984
985	985		regulations, the commissioner shall make reasonable efforts to ensure 811
986	986		compatibility of state regulatory provisions with similar provisions of 812
987	987		the federal Family and Medical Leave Act of 1993 and the regulations 813
988	988		promulgated pursuant to said act.] 814
989	989		Sec. 20. (Effective from passage) (a) For the purposes described in this 815
990	990		section, the State Bond Commission shall have the power, from time to 816
991	991		time, to authorize the issuance of bonds of the state in one or more 817
992	992		series and in principal amounts not exceeding in the aggregate twenty 818
993	993		million dollars. 819
994	994		(b) The proceeds of the sale of said bonds, to the extent of the 820
995	995		amount stated in subsection (a) of this section, shall be used by the 821
996	996		Labor Department for the purpose of the Family and Medical Leave 822
997	997		Insurance Program established in section 2 of this act, provided (1) ten 823
998	998		million dollars of the amount stated in subsection (a) of this section 824
999	999		shall be used for start-up costs in fiscal year 2020, and (2) ten million 825
1000	1000		dollars of the amount stated in subsection (a) of this section shall be 826
1001	1001		used for start-up costs in fiscal year 2021. 827
1002	1002		(c) All provisions of section 3-20 of the general statutes, or the 828
1003	1003		exercise of any right or power granted thereby, which are not 829
1004	1004		inconsistent with the provisions of this section are hereby adopted and 830
1005	1005		shall apply to all bonds authorized by the State Bond Commission 831
1006	1006		pursuant to this section, and temporary notes in anticipation of the 832
1007	1007		money to be derived from the sale of any such bonds so authorized 833
1008	1008		may be issued in accordance with said section 3-20 and from time to 834
1009	1009		time renewed. Such bonds shall mature at such time or times not 835
1010	1010		exceeding twenty years from their respective dates as may be provided 836
1011	1011		in or pursuant to the resolution or resolutions of the State Bond 837
1012	1012		Commission authorizing such bonds. None of said bonds shall be 838
1013	1013		authorized except upon a finding by the State Bond Commission that 839
1014	1014		there has been filed with it a request for such authorization which is 840
1015	1015		signed by or on behalf of the Secretary of the Office of Policy and 841
1016	1016		Management and states such terms and conditions as said commission, 842
1017	1017		in its discretion, may require. Said bonds issued pursuant to this 843 Substitute Bill No. 5003
1018	1018
1019	1019
1020	1020		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
1021		-	~~R03~~-HB.docx }
	1021	+	R02-HB.docx }
1022	1022		28 of 29
1023	1023
1024	1024		section shall be general obligations of the state and the full faith and 844
1025	1025		credit of the state of Connecticut are pledged for the payment of the 845
1026	1026		principal of and interest on said bonds as the same become due, and 846
1027	1027		accordingly and as part of the contract of the state with the holders of 847
1028	1028		said bonds, appropriation of all amounts necessary for punctual 848
1029	1029		payment of such principal and interest is hereby made, and the State 849
1030	1030		Treasurer shall pay such principal and interest as the same become 850
1031	1031		due. 851
1032	1032		Sec. 21. Section 3-13c of the general statutes is repealed and the 852
1033	1033		following is substituted in lieu thereof (Effective July 1, 2019): 853
1034	1034		Trust funds as used in sections 3-13 to 3-13e, inclusive, and 3-31b 854
1035	1035		shall be construed to include Connecticut Municipal Employees' 855
1036	1036		Retirement Fund A, Connecticut Municipal Employees' Retirement 856
1037	1037		Fund B, Soldiers, Sailors and Marines Fund, Family and Medical Leave 857
1038	1038		Insurance Trust Fund, State's Attorneys' Retirement Fund, Teachers' 858
1039	1039		Annuity Fund, Teachers' Pension Fund, Teachers' Survivorship and 859
1040	1040		Dependency Fund, School Fund, State Employees Retirement Fund, 860
1041	1041		the Hospital Insurance Fund, Policemen and Firemen Survivor's 861
1042	1042		Benefit Fund and all other trust funds administered, held or invested 862
1043	1043		by the State Treasurer. 863
1044	1044		This act shall take effect as follows and shall amend the following
1045	1045		sections:
1046	1046
1047	1047		Section 1 from passage New section
1048	1048		Sec. 2 from passage New section
1049	1049		Sec. 3 from passage New section
1050	1050		Sec. 4 from passage New section
1051	1051		Sec. 5 from passage New section
1052	1052		Sec. 6 from passage New section
1053	1053		Sec. 7 January 1, 2020 New section
1054	1054		Sec. 8 from passage New section
1055	1055		Sec. 9 from passage New section
1056	1056		Sec. 10 July 1, 2021 New section
1057	1057		Sec. 11 from passage New section Substitute Bill No. 5003
1058	1058
1059	1059
1060	1060		LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-05003-
1061		-	~~R03~~-HB.docx }
	1061	+	R02-HB.docx }
1062	1062		29 of 29
1063	1063
1064	1064		Sec. 12 from passage New section
1065	1065		Sec. 13 from passage New section
1066	1066		Sec. 14 July 1, 2021 31-51kk
1067	1067		Sec. 15 July 1, 2021 31-51ll
1068	1068		Sec. 16 July 1, 2021 31-51mm
1069	1069		Sec. 17 July 1, 2021 31-51oo
1070	1070		Sec. 18 July 1, 2021 31-51pp
1071	1071		Sec. 19 July 1, 2020 31-51qq
1072	1072		Sec. 20 from passage New section
1073	1073		Sec. 21 July 1, 2019 3-13c
1074	1074
	1075	+	Statement of Legislative Commissioners:
	1076	+	In Section 20(b)(1) and (2), the references to fiscal years 2019 and 2020
	1077	+	were changed to 2020 and 2021, respectively, for accuracy.
1075	1078
1076	1079		LAB Joint Favorable Subst.
1077		-	FIN Joint Favorable
1078	1080