Connecticut 2019 Regular Session

Connecticut Senate Bill SB00863 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 863
	8	+	January Session, 2019
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3	11
4		-	Substitute Senate Bill No. 863
5		-
6		-	Public Act No. 19-95
7		-
8		-
9		-	AN ACT CONCERNING EM PLOYMENT PROTECTION FOR
10		-	MEMBERS OF THE CIVIL AIR PATROL.
	12	+	AN ACT CONCERNING EM PLOYMENT PROTECTION FOR MEMBERS
	13	+	OF THE CIVIL AIR PATROL.
11	14		Be it enacted by the Senate and House of Representatives in General
12	15		Assembly convened:
13	16
14		-	Section 1. (NEW) (Effective October 1, 2019) (a) As used in this
15		-	section:
16		-	(1) "Civil air patrol" means the civilian auxiliary of the United States
17		-	Air Force;
18		-	(2) "Employee" means an individual who receives wag es or
19		-	remuneration for providing services to an employer; and
20		-	(3) "Employer" means a person that provides wages or
21		-	remuneration to one or more individuals who perform services for the
22		-	employer under an express or implied contract of hire, including the
23		-	state and any political subdivision of the state.
24		-	(b) Subject to the provisions of subsection (c) of this section, an
25		-	employer shall not discriminate against, discipline, or discharge an
26		-	employee because: (1) The employee is a member of the civil air patrol;
27		-	or (2) the employee is absent from work for the purpose of (A)
28		-	responding as a member of the civil air patrol to an emergency
29		-	declared by the Governor of this state or the President of the United Substitute Senate Bill No. 863
	17	+	Section 1. (NEW) (Effective October 1, 2019) (a) As used in this 1
	18	+	section: 2
	19	+	(1) "Civil air patrol" means the civilian auxiliary of the United States 3
	20	+	Air Force; 4
	21	+	(2) "Employee" means an individual who receives wages or 5
	22	+	remuneration for providing services to an employer; and 6
	23	+	(3) "Employer" means a person that provides wages or 7
	24	+	remuneration to one or more individuals who perform services for the 8
	25	+	employer under an express or implied contract of hire, including the 9
	26	+	state and any political subdivision of the state. 10
	27	+	(b) Subject to the provisions of subsection (c) of this section, an 11
	28	+	employer shall not discriminate against, discipline, or discharge an 12
	29	+	employee because: (1) The employee is a member of the civil air patrol; 13
	30	+	or (2) the employee is absent from work for the purpose of (A) 14
	31	+	responding as a member of the civil air patrol to an emergency 15
	32	+	declared by the Governor of this state or the President of the United 16
	33	+	States, (B) responding as a member of the civil air patrol to a request 17
	34	+	for assistance in an emergency, natural disaster or life-threatening 18 Substitute Bill No. 863
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32	36
33		-	States, (B) responding as a member of the civil air patrol to a request
34		-	for assistance in an emergency, natural disaster or life-threatening
35		-	event at the request of the United States Air Force or Coast Guard, the
36		-	Department of Emergency Services and Public Protection, the Division
37		-	of Emergency Management and Homela nd Security within the
38		-	Department of Emergency Services and Public Protection, the state
39		-	police or a local police department in this state, or (C) participating as a
40		-	member of the civil air patrol in required emergency services training
41		-	programs and exercises.
42		-	(c) In the case where the employee is absent from work for a
43		-	purpose set forth in subdivision (2) of subsection (b) of this section,
44		-	such employee shall (1) give his or her employer as much notice as
45		-	possible of the dates such employee will be absent for any purpose set
46		-	forth in subparagraph (A), (B) or (C) of subdivision (2) of subsection
47		-	(b) of this section, and (2) provide his or her employer with written
48		-	verification from the civil air patrol of the purpose of the employee's
49		-	absence, as set forth in subparagraph (A), (B) or (C) of subdivision (2)
50		-	of subsection (b) of this section.
51		-	(d) Nothing in subsections (a) to (c), inclusive, of this section shall be
52		-	construed to prohibit an employer from (1) treating the time the
53		-	employee is absent because of civil air patrol service for any purpose
54		-	set forth in subdivision (2) of subsection (b) of this section as unpaid
55		-	time off, or (2) complying with a collective bargaining agreement or
56		-	employee benefit plan entered into before October 1, 2019.
57		-	(e) An employee who is a member of the civil air patrol and is
58		-	trained and qualified to provide emergency services shall notify his or
59		-	her employer (1) by October 31, 2019, (2) by such employee's date of
60		-	employment with the employer, or (3) by the date on which such
61		-	employee joins the civil air patrol, whichever is latest, that such
62		-	employee may be called to participate in training or to serve in an
63		-	emergency, natural disaster or life-threatening event. Substitute Senate Bill No. 863
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	41	+	event at the request of the United States Air Force or Coast Guard, the 19
	42	+	Department of Emergency Services and Public Protection, the Division 20
	43	+	of Emergency Management and Homeland Security within the 21
	44	+	Department of Emergency Services and Public Protection, the state 22
	45	+	police or a local police department in this state, or (C) participating as a 23
	46	+	member of the civil air patrol in required emergency services training 24
	47	+	programs and exercises. 25
	48	+	(c) In the case where the employee is absent from work for a 26
	49	+	purpose set forth in subdivision (2) of subsection (b) of this section, 27
	50	+	such employee shall (1) give his or her employer as much notice as 28
	51	+	possible of the dates such employee will be absent for any purpose set 29
	52	+	forth in subparagraph (A), (B) or (C) of subdivision (2) of subsection 30
	53	+	(b) of this section, and (2) provide his or her employer with written 31
	54	+	verification from the civil air patrol of the purpose of the employee's 32
	55	+	absence, as set forth in subparagraph (A), (B) or (C) of subdivision (2) 33
	56	+	of subsection (b) of this section. 34
	57	+	(d) Nothing in subsections (a) to (c), inclusive, of this section shall be 35
	58	+	construed to prohibit an employer from (1) treating the time the 36
	59	+	employee is absent because of civil air patrol service for any purpose 37
	60	+	set forth in subdivision (2) of subsection (b) of this section as unpaid 38
	61	+	time off, or (2) complying with a collective bargaining agreement or 39
	62	+	employee benefit plan entered into before October 1, 2019. 40
	63	+	(e) An employee who is a member of the civil air patrol and is 41
	64	+	trained and qualified to provide emergency services shall notify his or 42
	65	+	her employer (1) by October 31, 2019, (2) by such employee's date of 43
	66	+	employment with the employer, or (3) by the date on which such 44
	67	+	employee joins the civil air patrol, whichever is latest, that such 45
	68	+	employee may be called to participate in training or to serve in an 46
	69	+	emergency, natural disaster or life-threatening event. 47
	70	+	(f) Any employee aggrieved by a violation of subsection (b) of this 48
	71	+	section may bring an action in the Superior Court to recover damages 49
	72	+	and equitable relief. 50 Substitute Bill No. 863
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67		-	(f) Any employee aggrieved by a violation of subsection (b) of this
68		-	section may bring an action in the Superior Court to recover damages
69		-	and equitable relief.
70		-	Sec. 2. Section 5-249 of the general statutes is repealed and the
71		-	following is substituted in lieu thereof (Effective October 1, 2019):
72		-	(a) (1) Any state employee who is an active volunteer firefighter or
73		-	member of a volunteer ambulance service or company [(1)] (A) may,
74		-	with the authorization of such employee's appointing authority, be
75		-	permitted to leave work in order to respond to fire calls or ambulance
76		-	calls during such employee's regular hours of employment without
77		-	loss of pay, vacation time, sick leave or earned overtime accumulation,
78		-	or [(2)] (B) shall be permitted to respond to such calls prior to reporting
79		-	for work without such prior authorization and without loss of pay,
80		-	vacation time, sick leave or earned overtime accumulation, provided in
81		-	either case, if requested by such employee's appointing authority, such
82		-	employee submits a written statement from the chief of the volunteer
83		-	fire department or the medical director or chief administrator of the
84		-	volunteer ambulance service or company verifying that such employee
85		-	responded to a fire or ambulance call and specifying the date, time and
86		-	duration of such response.
87		-	(2) Any state employee who is an active member of the civil air
88		-	patrol, as defined in section 1 of this act, (A) may, with the
89		-	authorization of such employee's appointing authority, be permitted to
90		-	leave work in order to respond to an emergency, natural disaster or
91		-	life-threatening event during such employee's regular hours of
92		-	employment without loss of pay, vacation time, sick leave or earned
93		-	overtime accumulation, or (B) shall be permitted to respond to such
94		-	emergency, natural disaster or life- threatening event prior to reporting
95		-	for work without such prior authorization and without loss of pay,
96		-	vacation time, sick leave or earned overtime accumulation, provided in
97		-	either case, if requested by such employee's appointing authority, such Substitute Senate Bill No. 863
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101		-	employee submits a written statement from the civil air patrol
102		-	verifying that such employee responded to an emergency, natural
103		-	disaster or life-threatening event and specifying the date, time and
104		-	duration of such response.
105		-	(b) Any state employee who is a certified disaster service volunteer
106		-	of the American Red Cross may, with the authorization of such
107		-	employee's supervisor, be granted a leave not to exceed fifteen
108		-	working days in each year to participate in specialized disaster relief
109		-	services for the American Red Cross, upon the request of the American
110		-	Red Cross, without loss of pay, vacation time, sick leave or earned
111		-	overtime accumulation.
112		-	(c) (1) Any state employee who is an active volunteer firefighter or
113		-	member of a volunteer ambulance service or company may, with the
114		-	authorization of such employee's appointing authority, be allowed to
115		-	attend training sessions or drills during such employee's regular hours
116		-	of employment without loss of pay, overtime accumulation or sick
117		-	leave.
118		-	(2) Any state employee who is an active member of the civil air
119		-	patrol may, with the authorization of such employee's appointing
120		-	authority, be allowed to attend required emergency services training
121		-	programs and exercises during such employee's regular hours of
122		-	employment without loss of pay, overtime accumulation or sick leave.
123		-	(d) Any state employee who is an active member of a volunteer
124		-	canine search and rescue team (1) may, with the authorization of such
125		-	employee's supervisor, be permitted to leave work in order to respond
126		-	to search or rescue calls during such employee's regular hours of
127		-	employment without loss of pay, vacation time, sick leave or earned
128		-	overtime accumulation, or (2) shall be permitted to respond to such
129		-	calls prior to reporting for work without such prior authorization and
130		-	without loss of pay, vacation time, sick leave or earned overtime Substitute Senate Bill No. 863
	79	+	Sec. 2. Section 5-249 of the general statutes is repealed and the 51
	80	+	following is substituted in lieu thereof (Effective October 1, 2019): 52
	81	+	(a) (1) Any state employee who is an active volunteer firefighter or 53
	82	+	member of a volunteer ambulance service or company [(1)] (A) may, 54
	83	+	with the authorization of such employee's appointing authority, be 55
	84	+	permitted to leave work in order to respond to fire calls or ambulance 56
	85	+	calls during such employee's regular hours of employment without 57
	86	+	loss of pay, vacation time, sick leave or earned overtime accumulation, 58
	87	+	or [(2)] (B) shall be permitted to respond to such calls prior to reporting 59
	88	+	for work without such prior authorization and without loss of pay, 60
	89	+	vacation time, sick leave or earned overtime accumulation, provided in 61
	90	+	either case, if requested by such employee's appointing authority, such 62
	91	+	employee submits a written statement from the chief of the volunteer 63
	92	+	fire department or the medical director or chief administrator of the 64
	93	+	volunteer ambulance service or company verifying that such employee 65
	94	+	responded to a fire or ambulance call and specifying the date, time and 66
	95	+	duration of such response. 67
	96	+	(2) Any state employee who is an active member of the civil air 68
	97	+	patrol, as defined in section 1 of this act, (A) may, with the 69
	98	+	authorization of such employee's appointing authority, be permitted to 70
	99	+	leave work in order to respond to an emergency, natural disaster or 71
	100	+	life-threatening event during such employee's regular hours of 72
	101	+	employment without loss of pay, vacation time, sick leave or earned 73
	102	+	overtime accumulation, or (B) shall be permitted to respond to such 74
	103	+	emergency, natural disaster or life- threatening event prior to reporting 75
	104	+	for work without such prior authorization and without loss of pay, 76
	105	+	vacation time, sick leave or earned overtime accumulation, provided in 77
	106	+	either case, if requested by such employee's appointing authority, such 78
	107	+	employee submits a written statement from the civil air patrol 79
	108	+	verifying that such employee responded to an emergency, natural 80
	109	+	disaster or life-threatening event and specifying the date, time and 81
	110	+	duration of such response. 82
	111	+	(b) Any state employee who is a certified disaster service volunteer 83 Substitute Bill No. 863
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134		-	accumulation, provided in either case, if requested by such employee's
135		-	supervisor, such employee submits a written statement from the chief
136		-	of the police or fire department verifying that such employee
137		-	responded to a search or rescue call and specifying the date, time and
138		-	duration of such response. As used in this subsection, "volunteer
139		-	canine search and rescue team" means an individual and a dog (A)
140		-	appropriately trained and certified to engage in search and rescue
141		-	operations by a nonprofit canine search and rescue organization that is
142		-	a member of the National Association of Search and Rescue, or its
143		-	successor organization, and (B) who jointly engage in such operations
144		-	at the request of a police or fire department and provide services
145		-	without compensation.
146		-	(e) (1) Any state employee who is an active volunteer firefighter and
147		-	is injured on or after January 1, 2014, while serving in his or her
148		-	capacity as a volunteer firefighter, shall be permitted to collect sick
149		-	leave with pay for such injury pursuant to section 5-247, provided [(1)]
150		-	(A) such employee is eligible to receive such sick leave pay pursuant to
151		-	the provisions of said section, [(2)] (B) if requested by such employee's
152		-	appointing authority, such employee submits a written statement from
153		-	the chief of the volunteer fire department that such employee was
154		-	injured during a fire call and specifying the date, time and nature of
155		-	such injury, and [(3)] (C) the amount of weekly sick leave pay received
156		-	for such injury plus any weekly workers' compensation wage
157		-	replacement benefits received pursuant to section 7-314a or 7-314b for
158		-	such injury shall not exceed the weekly workers' compensation wage
159		-	replacement benefits such employee would have received had such
160		-	employee been injured in the course of his or her employment as a
161		-	state employee. A state employee's collection of sick leave pursuant to
162		-	this subsection shall not affect the seniority or accrual of pension
163		-	benefits of such state employee. The provisions of this subsection shall
164		-	not be construed to preempt or override the terms of any collective
165		-	bargaining agreement effective prior to July 1, 2015. Substitute Senate Bill No. 863
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	118	+	of the American Red Cross may, with the authorization of such 84
	119	+	employee's supervisor, be granted a leave not to exceed fifteen 85
	120	+	working days in each year to participate in specialized disaster relief 86
	121	+	services for the American Red Cross, upon the request of the American 87
	122	+	Red Cross, without loss of pay, vacation time, sick leave or earned 88
	123	+	overtime accumulation. 89
	124	+	(c) (1) Any state employee who is an active volunteer firefighter or 90
	125	+	member of a volunteer ambulance service or company may, with the 91
	126	+	authorization of such employee's appointing authority, be allowed to 92
	127	+	attend training sessions or drills during such employee's regular hours 93
	128	+	of employment without loss of pay, overtime accumulation or sick 94
	129	+	leave. 95
	130	+	(2) Any state employee who is an active member of the civil air 96
	131	+	patrol may, with the authorization of such employee's appointing 97
	132	+	authority, be allowed to attend required emergency services training 98
	133	+	programs and exercises during such employee's regular hours of 99
	134	+	employment without loss of pay, overtime accumulation or sick leave. 100
	135	+	(d) Any state employee who is an active member of a volunteer 101
	136	+	canine search and rescue team (1) may, with the authorization of such 102
	137	+	employee's supervisor, be permitted to leave work in order to respond 103
	138	+	to search or rescue calls during such employee's regular hours of 104
	139	+	employment without loss of pay, vacation time, sick leave or earned 105
	140	+	overtime accumulation, or (2) shall be permitted to respond to such 106
	141	+	calls prior to reporting for work without such prior authorization and 107
	142	+	without loss of pay, vacation time, sick leave or earned overtime 108
	143	+	accumulation, provided in either case, if requested by such employee's 109
	144	+	supervisor, such employee submits a written statement from the chief 110
	145	+	of the police or fire department verifying that such employee 111
	146	+	responded to a search or rescue call and specifying the date, time and 112
	147	+	duration of such response. As used in this subsection, "volunteer 113
	148	+	canine search and rescue team" means an individual and a dog (A) 114
	149	+	appropriately trained and certified to engage in search and rescue 115
	150	+	operations by a nonprofit canine search and rescue organization that is 116 Substitute Bill No. 863
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169		-	(2) Any state employee who is an active member of the civil air
170		-	patrol and is injured on or after October 1, 2019, while serving in his or
171		-	her capacity as a member of the civil air patrol, shall be permitted to
172		-	collect sick leave with pay for such injury pursuant to section 5-247,
173		-	provided (A) such employee is eligible to receive such sick leave pay
174		-	pursuant to the provisions of said section, and (B) if requested by such
175		-	employee's appointing authority, such employee submits a written
176		-	statement from the civil air patrol that such employee was injured
177		-	during an emergency, natural disaster or life-threatening event and
178		-	specifying the date, time and nature of such injury.
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	157	+	a member of the National Association of Search and Rescue, or its 117
	158	+	successor organization, and (B) who jointly engage in such operations 118
	159	+	at the request of a police or fire department and provide services 119
	160	+	without compensation. 120
	161	+	(e) (1) Any state employee who is an active volunteer firefighter and 121
	162	+	is injured on or after January 1, 2014, while serving in his or her 122
	163	+	capacity as a volunteer firefighter, shall be permitted to collect sick 123
	164	+	leave with pay for such injury pursuant to section 5-247, provided [(1)] 124
	165	+	(A) such employee is eligible to receive such sick leave pay pursuant to 125
	166	+	the provisions of said section, [(2)] (B) if requested by such employee's 126
	167	+	appointing authority, such employee submits a written statement from 127
	168	+	the chief of the volunteer fire department that such employee was 128
	169	+	injured during a fire call and specifying the date, time and nature of 129
	170	+	such injury, and [(3)] (C) the amount of weekly sick leave pay received 130
	171	+	for such injury plus any weekly workers' compensation wage 131
	172	+	replacement benefits received pursuant to section 7-314a or 7-314b for 132
	173	+	such injury shall not exceed the weekly workers' compensation wage 133
	174	+	replacement benefits such employee would have received had such 134
	175	+	employee been injured in the course of his or her employment as a 135
	176	+	state employee. A state employee's collection of sick leave pursuant to 136
	177	+	this subsection shall not affect the seniority or accrual of pension 137
	178	+	benefits of such state employee. The provisions of this subsection shall 138
	179	+	not be construed to preempt or override the terms of any collective 139
	180	+	bargaining agreement effective prior to July 1, 2015. 140
	181	+	(2) Any state employee who is an active member of the civil air 141
	182	+	patrol and is injured on or after October 1, 2019, while serving in his or 142
	183	+	her capacity as a member of the civil air patrol, shall be permitted to 143
	184	+	collect sick leave with pay for such injury pursuant to section 5-247, 144
	185	+	provided (A) such employee is eligible to receive such sick leave pay 145
	186	+	pursuant to the provisions of said section, and (B) if requested by such 146
	187	+	employee's appointing authority, such employee submits a written 147
	188	+	statement from the civil air patrol that such employee was injured 148
	189	+	during an emergency, natural disaster or life-threatening event and 149 Substitute Bill No. 863
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	195	+
	196	+	specifying the date, time and nature of such injury. 150
	197	+	This act shall take effect as follows and shall amend the following
	198	+	sections:
	199	+
	200	+	Section 1 October 1, 2019 New section
	201	+	Sec. 2 October 1, 2019 5-249
	202	+
	203	+
	204	+	VA Joint Favorable Subst. -LCO
	205	+	JUD Joint Favorable
179	206