Connecticut 2019 Regular Session

Connecticut Senate Bill SB00881 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 881
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	6	+	General Assembly Governor's Bill No. 881
8	7		January Session, 2019
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	11	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
	12	+
	13	+
	14	+	Introduced by:
	15	+	SEN. LOONEY, 11
	16	+	th
	17	+	Dist.
	18	+	SEN. DUFF, 25
	19	+	th
	20	+	Dist.
	21	+	REP. ARESIMOWICZ, 30
	22	+	th
	23	+	Dist.
	24	+	REP. RITTER M., 1
	25	+	st
	26	+	Dist.
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12	33		AN ACT ESTABLISHING A PAID FAMILY AND MEDICAL LEAVE
13	34		PROGRAM.
14	35		Be it enacted by the Senate and House of Representatives in General
15	36		Assembly convened:
16	37
17	38		Section 1. (NEW) (Effective from passage) As used in this section and 1
18	39		sections 2 to 13, inclusive, of this act: 2
19	40		(1) "Covered worker" means an individual who (A) (i) has earned 3
20	41		not less than two thousand three hundred twenty-five dollars from one 4
21	42		or more employers during the employee's highest earning quarter 5
22	43		within the base period, and (ii) is employed by an employer or not 6
23	44		currently employed, (B) is a self-employed individual or sole 7
24	45		proprietor who has earned not less than two thousand three hundred 8
25	46		twenty-five dollars during the worker's highest earning quarter within 9
26	47		the base period, or (C) is a member of a collective bargaining unit that 10
27	48		has negotiated inclusion in the program, in accordance with chapter 68 11
28		-	of the general statutes or sections 7-467 to 7-477, inclusive, of the 12
	49	+	of the general statutes or sections 7-467 to 7-477, inclusive, of the 12 Governor's Bill No. 881
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29	55		general statutes; 13
30	56		(2) "Administrator" means the Labor Department or such quasi-14
31		-	public agency, as defined in section 1-~~120~~ of the general statutes, as the 15
	57	+	public agency, as defined in section 1-121 of the general statutes, as the 15
32	58		Labor Commissioner may designate; 16
33	59		(3) "Employ" means to allow or permit to work; 17
34		-	(4) "Employee" means an individual engaged in service to an 18 Substitute Bill No. 881
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	60	+	(4) "Employee" means an individual engaged in service to an 18
41	61		employer in this state in the business of the employer and includes a 19
42	62		self-employed individual or sole proprietor in the state; 20
43	63		(5) "Employer" means a person engaged in any activity, enterprise 21
44	64		or business who employs one or more employees, and includes any 22
45	65		person who acts, directly or indirectly, in the interest of an employer to 23
46	66		any of the employees of such employer and any successor in interest of 24
47		-	an employer~~. "Employer" does~~ not include the state, or a municipality, 25
48		-	~~or a~~ local or regional board of education, except when a collective 26
	67	+	an employer, and shall not include the state, or a municipality, or a 25
	68	+	local or regional board of education, except when a collective 26
49	69		bargaining unit negotiates inclusion of the members of that collective 27
50	70		bargaining unit in the program, in accordance with chapter 68 of the 28
51	71		general statutes or sections 7-467 to 7-477, inclusive, of the general 29
52	72		statutes; 30
53	73		(6) "Family and medical leave compensation" or "compensation" 31
54	74		means the paid leave provided to covered workers from the Family 32
55	75		and Medical Leave Insurance Trust Fund; 33
56	76		(7) "Family and Medical Leave Insurance Program" or "program" 34
57	77		means the program established in section 2 of this act; 35
58	78		(8) "Family and Medical Leave Insurance Trust Fund" or "trust" 36
59	79		means the trust fund established in section 3 of this act; 37
60	80		(9) "Person" means one or more individuals, partnerships, 38
61	81		associations, corporations, limited liability companies, business trusts, 39
62	82		legal representatives or any organized group of persons; 40
63		-	(10) "Base period" means the first four of the five most recently 41
	83	+	(10) "Base period" means the first four of the five most recently 41 Governor's Bill No. 881
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64	89		worked quarters; and 42
65	90		(11) "Base weekly earnings" means an amount equal to one twenty-43
66	91		sixth, rounded to the next lower dollar, of the average of a worker's 44
67	92		total wages, as defined in subsection (b) of section 31-222 of the general 45
68	93		statutes, paid during the two quarters of the worker's base period in 46
69		-	which such wages were highest. 47 Substitute Bill No. 881
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	94	+	which such wages were highest. 47
76	95		Sec. 2. (NEW) (Effective from passage) (a) There is established a 48
77	96		Family and Medical Leave Insurance Program. The program shall be 49
78	97		administered by the administrator and shall offer up to twelve 50
79	98		workweeks of family and medical leave compensation to covered 51
80	99		workers during any twelve-month period. The program shall offer two 52
81	100		additional weeks of family and medical leave compensation to a 53
82	101		covered worker for a serious health condition that occurs during a 54
83	102		pregnancy. 55
84	103		(b) On or before October 1, 2020, the administrator shall begin 56
85	104		collecting contributions to the Family and Medical Leave Insurance 57
86	105		Trust Fund, established in section 3 of this act and, on and after 58
87	106		January 1, 2022, shall begin to provide compensation to covered 59
88	107		workers. For the purposes of this section and sections 3 to 13, inclusive, 60
89	108		of this act, the administrator shall have the power to (1) determine 61
90	109		whether an individual meets the requirements for compensation under 62
91	110		this section; (2) require a covered worker's claim for compensation 63
92	111		pursuant to this section be supported by certification pursuant to 64
93	112		section 31-51mm of the general statutes, as amended by this act, and 65
94	113		subsection (d) of section 31-51ss of the general statutes; (3) examine, or 66
95	114		cause to be produced or examined, any books, records, documents, 67
96	115		contracts or other papers relevant to the eligibility of a covered worker; 68
97	116		(4) summon and examine under oath such witnesses as may provide 69
98	117		information relevant to a covered worker's claim for family and 70
99	118		medical leave compensation; (5) establish procedures and forms for the 71
100	119		filing of claims for compensation, including the certification required 72
101	120		for establishing eligibility for such compensation; and (6) ensure the 73
102		-	confidentiality of records and documents relating to medical 74
	121	+	confidentiality of records and documents relating to medical 74 Governor's Bill No. 881
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103	127		certifications, recertifications or medical histories of covered workers 75
104	128		or covered workers' family members pursuant to section 31-51oo of the 76
105	129		general statutes, as amended by this act. 77
106	130		(c) (1) Beginning on or before October 1, 2020, each employee shall 78
107	131		contribute one-half of one per cent of his or her weekly earnings to the 79
108		-	Family and Medical Leave Insurance Trust Fund, in a manner and 80 Substitute Bill No. 881
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	132	+	Family and Medical Leave Insurance Trust Fund, in a manner and 80
115	133		form prescribed by the administrator pursuant to section 6 of this act. 81
116	134		(2) On September 1, 2022, and on each September first thereafter, the 82
117	135		administrator shall publish the following information: (A) The total 83
118	136		amount of benefits paid by the administrator during the previous fiscal 84
119	137		year, as well as the total amount required for the administration of the 85
120	138		Family and Medical Leave Insurance Program in such year; (B) the 86
121	139		total amount remaining in the trust fund at the close of such fiscal year; 87
122	140		(C) the total amount equal to one hundred forty per cent of the 88
123	141		previous fiscal year's expenditure for benefits paid and for the 89
124	142		administration of the Family and Medical Leave Insurance Program; 90
125	143		(D) the amount by which the total amount remaining in the trust fund 91
126	144		at the close of the previous fiscal year is less than or greater than one 92
127	145		hundred forty per cent of the previous fiscal year's expenditure for 93
128	146		benefits paid and for the administration of the Family and Medical 94
129	147		Leave Insurance Program. On November 1, 2022, and on each 95
130	148		November first thereafter, the Labor Commissioner shall announce a 96
131		-	revision to the contribution rate set forth in subdivision (1) of this 97
132		-	subsection to ensure that the trust fund shall maintain or achieve an 98
133		-	annualized amount of not less than one hundred forty per cent of the 99
134		-	previous fiscal year's expenditure for benefits paid and for the 100
135		-	administration of the Family and Medical Leave Insurance Program. 101
136		-	Effective on January first of the calendar year following each such 102
137		-	announcement, the revised contribution rate announced by the Labor 103
138		-	Commissioner under this subsection shall supersede the rate 104
139		-	previously set forth in subdivision (1) of this subsection or established 105
140		-	in accordance with this subsection. 106
141		-	(3) The amount of earnings subject to contributions for a given year 107
	149	+	revision to the contribution rate set forth in subdivision (1) of 97
	150	+	subsection (c) of this section to ensure that the trust fund shall 98
	151	+	maintain or achieve an annualized amount of not less than one 99
	152	+	hundred forty per cent of the previous fiscal year's expenditure for 100
	153	+	benefits paid and for the administration of the Family and Medical 101
	154	+	Leave Insurance Program. Effective on January first of the calendar 102
	155	+	year following each such announcement, the revised contribution rate 103
	156	+	announced by the Labor Commissioner under this subsection shall 104
	157	+	supersede the rate previously set forth in subdivision (1) of subsection 105
	158	+	(c) of this section or established in accordance with this subsection. 106
	159	+	(3) The amount of earnings subject to contributions for a given year 107 Governor's Bill No. 881
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142	165		shall not exceed the Social Security contribution and benefit base, as 108
143	166		determined pursuant to 42 USC 430, as amended from time to time, 109
144	167		and shall be utilized to provide compensation to covered workers 110
145	168		pursuant to this subsection and subsections (d) to (f), inclusive, of this 111
146	169		section. 112
147		-	(4) Notwithstanding section 31-71e of the general statutes, an 113 Substitute Bill No. 881
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	170	+	(4) Notwithstanding section 31-71e of the general statutes, an 113
154	171		employer may withhold or divert the portion of an employee's wages 114
155	172		that corresponds to the contribution rate established pursuant to this 115
156	173		subsection for the purpose of remitting such wages to the Family and 116
157	174		Medical Leave Insurance Trust Fund. 117
158	175		(5) If, after notice, an employee or employer fails to make a payment 118
159	176		required by this section, a state collection agency, as defined in section 119
160		-	12-35 of the general statutes, shall collect such ~~contribution~~ and ~~interest~~ 120
161		-	by any means provided in sections 12-35, 31-265 and 31-266 of ~~the~~ 121
162		-	general statutes. 122
	177	+	12-35 of the general statutes, shall collect such contributable and 120
	178	+	interest by any means provided in sections 12-35, 31-265 and 31-266 of 121
	179	+	the general statutes. 122
163	180		(d) The weekly compensation offered to covered workers shall be 123
164	181		equal to ninety per cent of a covered worker's base weekly earnings up 124
165	182		to an amount equal to forty times the minimum fair wage, as defined 125
166	183		in section 31-58 of the general statutes, and sixty-seven per cent of that 126
167	184		worker's base weekly earnings above an amount equal to forty times 127
168	185		the minimum fair wage, except that the weekly compensation shall not 128
169	186		exceed an amount equal to sixty times the minimum fair wage. If the 129
170	187		Internal Revenue Service determines that family and medical leave 130
171	188		compensation is subject to federal income tax and a covered worker 131
172	189		elects to have federal income tax deducted and withheld from his or 132
173	190		her compensation, the administrator shall deduct and withhold the 133
174	191		amount specified in the United States Internal Revenue Code in a 134
175	192		manner consistent with state law. 135
176	193		(e) A covered worker shall receive compensation under this section 136
177	194		for leave taken for one or more of the reasons listed in subparagraphs 137
178	195		(A) to (E), inclusive, of subdivision (2) of subsection (a) of section 31-138
179		-	51ll of the general statutes, as amended by this act, or the reasons listed 139
	196	+	51ll of the general statutes, as amended by this act, or the reasons listed 139 Governor's Bill No. 881
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180	202		in subsection (i) of said section or section 31-51ss of the general 140
181	203		statutes, if such covered worker (1) provides notice to the 141
182	204		administrator, and such covered worker's employer, if applicable, of 142
183	205		the need for such compensation in a form and a manner as prescribed 143
184	206		by the administrator, and (2) upon the request of the administrator, 144
185	207		provides certification of such covered worker's need for compensation 145
186		-	in accordance with the provisions of section 31-51mm of the general 146 Substitute Bill No. 881
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	208	+	in accordance with the provisions of section 31-51mm of the general 146
193	209		statutes, as amended by this act, to the administrator and such 147
194	210		employer, if applicable. 148
195	211		(f) A covered worker may receive compensation under this section 149
196	212		for intermittent leave, provided such leave shall not be less than four 150
197	213		consecutive hours of leave in any workweek. If family and medical 151
198	214		leave benefits are taken for four hours or more, but for less than one 152
199	215		full week, such hourly compensation shall be determined on a pro rata 153
200	216		basis at the discretion of the administrator. 154
201	217		(g) A covered worker may receive compensation under this section 155
202	218		concurrently with any employer-provided employment benefits, 156
203	219		provided the total compensation of such covered worker during such 157
204	220		period of leave shall not exceed such covered worker's regular rate of 158
205	221		compensation. 159
206	222		(h) No covered worker shall receive compensation under this 160
207	223		section concurrently with compensation under chapter 567 or 568 of 161
208	224		the general statutes or any other state or federal program that provides 162
209	225		wage replacement. 163
210	226		(i) No covered worker shall receive compensation under this section 164
211	227		during the greater of the first forty work hours or seven calendar days 165
212	228		of such leave in any twelve-month period, unless taken upon the birth 166
213	229		of a son or daughter of the covered worker or upon the placement of a 167
214	230		son or daughter with the covered worker for adoption or foster care; 168
215	231		except that a covered worker may utilize accrued sick or vacation pay 169
216	232		or other paid leave provided under an employer policy during the first 170
217		-	forty work hours or seven calendar days of such leave. Covered 171
	233	+	forty work hours or seven calendar days of such leave. Covered 171 Governor's Bill No. 881
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218	239		workers taking family or medical leave for which benefits are not 172
219	240		payable under this subsection shall be entitled to the protections of 173
220	241		section 31-51nn of the general statutes. 174
221	242		(j) Any moneys expended from the General Fund for the purpose of 175
222	243		administering the Family and Medical Leave Insurance Program, or 176
223		-	providing compensation to covered workers, shall be reimbursed to 177 Substitute Bill No. 881
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	244	+	providing compensation to covered workers, shall be reimbursed to 177
230	245		the General Fund by the administrator over a period established by the 178
231	246		administrator. 179
232	247		Sec. 3. (NEW) (Effective from passage) (a) There is established a fund 180
233	248		to be known as the "Family and Medical Leave Insurance Trust Fund" 181
234	249		for the purpose of providing family and medical leave compensation 182
235	250		to covered workers. The Family and Medical Leave Insurance Trust 183
236	251		Fund shall be a nonlapsing fund held by the State Treasurer separate 184
237	252		and apart from all other moneys, funds and accounts. Investment 185
238	253		earnings credited to the trust shall become part of the trust. 186
239	254		(b) The trust shall constitute an instrumentality of the state and shall 187
240	255		perform essential governmental functions in accordance with the 188
241	256		provisions of this section. The trust shall receive and hold all payments 189
242	257		and deposits and premiums intended for the trust, as well as gifts, 190
243	258		bequests, endowments or federal, state or local grants and any other 191
244	259		funds from any public or private source and all earnings until 192
245	260		disbursed in accordance with the provisions of this section. 193
246	261		(c) The amounts on deposit in the trust shall not constitute property 194
247	262		of the state and the trust shall not be construed to be a department, 195
248	263		institution or agency of the state. Amounts on deposit in the trust shall 196
249	264		not be commingled with state funds and the state shall have no claim 197
250	265		to or against, or interest in, such funds. Any contract entered into by or 198
251	266		any obligation of the trust shall not constitute a debt or obligation of 199
252	267		the state and the state shall have no obligation to any designated 200
253	268		beneficiary or any other person on account of the trust and all amounts 201
254	269		obligated to be paid from the trust shall be limited to amounts 202
255		-	available for such obligation on deposit in the trust. The trust shall 203
	270	+	available for such obligation on deposit in the trust. The trust shall 203 Governor's Bill No. 881
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256	276		continue in existence as long as it holds any deposits or has any 204
257	277		obligations and until its existence is terminated by law and upon 205
258	278		termination any unclaimed assets shall return to the state. Property of 206
259	279		the trust shall be governed by section 3-61a of the general statutes. 207
260	280		(d) The State Treasurer shall be responsible for the receipt and 208
261		-	investment of moneys held by the trust. The trust shall not receive 209 Substitute Bill No. 881
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	281	+	investment of moneys held by the trust. The trust shall not receive 209
268	282		deposits in any form other than cash. No depositor or designated 210
269	283		beneficiary may direct the investment of any contributions or amounts 211
270	284		held in the trust other than the specific fund options provided for by 212
271	285		the trust. 213
272	286		(e) The assets of the trust shall be used for the purpose of (1) 214
273	287		distributing family and medical leave compensation to covered 215
274	288		workers, (2) educating and informing persons about the program, and 216
275	289		(3) paying the operational, administrative and investment costs of the 217
276	290		trust, including those incurred pursuant to section 6 of this act. 218
277	291		Sec. 4. (NEW) (Effective from passage) The State Treasurer, on behalf 219
278	292		of the Family and Medical Leave Insurance Trust Fund and for 220
279	293		purposes of the trust, shall: 221
280	294		(1) Receive and invest moneys in the trust in any instruments, 222
281	295		obligations, securities or property in accordance with sections 3 and 5 223
282	296		of this act; 224
283	297		(2) Procure insurance as the State Treasurer deems necessary to 225
284	298		protect the trust's property, assets, activities or deposits or 226
285	299		contributions to the trust; and 227
286	300		(3) Apply for, accept and expend gifts, grants or donations from 228
287	301		public or private sources to carry out the objectives of the trust. 229
288	302		Sec. 5. (NEW) (Effective from passage) The State Treasurer shall invest 230
289	303		the amounts on deposit in the Family and Medical Leave Insurance 231
290	304		Trust Fund in a manner reasonable and appropriate to achieve the 232
291		-	objectives of the trust, exercising the discretion and care of a prudent 233
	305	+	objectives of the trust, exercising the discretion and care of a prudent 233 Governor's Bill No. 881
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292	311		person in similar circumstances with similar objectives. The State 234
293	312		Treasurer shall give due consideration to rate of return, risk, term or 235
294	313		maturity, diversification of the total portfolio within the trust, 236
295	314		liquidity, the projected disbursements and expenditures and the 237
296	315		expected payments, deposits, contributions and gifts to be received. 238
297	316		The State Treasurer shall not require the trust to invest directly in 239
298		-	obligations of the state or any political subdivision of the state or in 240 Substitute Bill No. 881
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	317	+	obligations of the state or any political subdivision of the state or in 240
305	318		any investment or other fund administered by the State Treasurer. The 241
306	319		assets of the trust shall be continuously invested and reinvested in a 242
307	320		manner consistent with the objectives of the trust until disbursed upon 243
308	321		order of the administrator or expended on expenses incurred by the 244
309	322		operations of the trust. 245
310	323		Sec. 6. (NEW) (Effective from passage) The administrator, in 246
311	324		consultation with the State Treasurer and the Department of Revenue 247
312	325		Services, shall establish the procedures necessary to implement the 248
313	326		Family and Medical Leave Insurance Program. The administrator 249
314	327		shall: 250
315	328		(1) Design, establish and operate the program to ensure 251
316	329		transparency in the management of the program and the Family and 252
317	330		Medical Leave Insurance Trust Fund through oversight and ethics 253
318	331		review of plan fiduciaries; 254
319	332		(2) Design and establish the process by which employees shall 255
320	333		contribute a portion of their salary or wages to the trust; 256
321	334		(3) Evaluate and establish the process by which employers may 257
322	335		credit employee premiums to the trust through payroll deposit; 258
323	336		(4) Ensure that contributions to the trust collected from employees 259
324	337		shall not be used for any purpose other than to provide compensation 260
325	338		to covered workers or to satisfy any expenses, including employee 261
326	339		costs, incurred to implement, maintain, advertise and administer the 262
327	340		program; 263
328		-	(5) Establish and maintain a secure Internet web site that displays all 264
	341	+	(5) Establish and maintain a secure Internet web site that displays all 264 Governor's Bill No. 881
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329	347		public notices issued by the administrator and such other information 265
330	348		as the administrator deems relevant and necessary for the 266
331	349		implementation of the program and for the education of the public 267
332	350		regarding the program; and 268
333	351		(6) Not later than January 1, 2020, submit a report, in accordance 269
334		-	with the provisions of section 11-4a of the general statutes, to the joint 270 Substitute Bill No. 881
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	352	+	with the provisions of section 11-4a of the general statutes, to the joint 270
341	353		standing committee of the General Assembly having cognizance of 271
342	354		matters relating to labor regarding any recommendations for 272
343	355		legislative action that may be necessary for the implementation or 273
344	356		administration of the program. 274
345	357		Sec. 7. (NEW) (Effective January 1, 2020) The administrator, in 275
346	358		consultation with the State Treasurer, shall conduct a public education 276
347	359		campaign to inform individuals and employers about the Family and 277
348	360		Medical Leave Insurance Program. Such campaign shall include, but 278
349	361		not be limited to, information about (1) the requirements for receiving 279
350	362		family and medical leave compensation, (2) how to apply for such 280
351	363		compensation, and (3) the circumstances for which such compensation 281
352	364		may be available. The administrator may use funds contributed to the 282
353	365		Family and Medical Leave Insurance Trust Fund for purposes of the 283
354	366		public education campaign. Information distributed or made available 284
355	367		under the campaign shall be available in English and Spanish and in 285
356	368		any other language as prescribed by the administrator. 286
357	369		Sec. 8. (NEW) (Effective from passage) (a) (1) Employers may apply to 287
358	370		the administrator for approval to meet their obligations under sections 288
359	371		1 to 13, inclusive, of this act through a private plan, which the 289
360	372		administrator shall evaluate in coordination with the Insurance 290
361	373		Department. To be approved as meeting an employer's obligations 291
362	374		under sections 1 to 13, inclusive, of this act, a private plan shall confer 292
363	375		all of the same rights, protections and benefits provided to employees 293
364	376		under sections 1 to 13, inclusive, of this act, impose no additional 294
365	377		conditions or restriction on the use of family or medical leave beyond 295
366	378		those explicitly authorized by said sections or by regulations issued 296
367		-	pursuant to section 31-51qq, of the general statutes, as amended by this 297
	379	+	pursuant to section 31-51qq, of the general statutes, as amended by this 297 Governor's Bill No. 881
	380	+
	381	+
	382	+
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	384	+
368	385		act, and cost employees no more than the cost charged to employees 298
369	386		under the state program. 299
370	387		(2) In order to be approved as meeting an employer's obligations 300
371	388		under sections 1 to 13, inclusive, of this act, a private plan shall also 301
372	389		comply with the following provisions: (A) If the private plan is in the 302
373		-	form of self-insurance, the employer shall furnish a bond running to 303 Substitute Bill No. 881
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	390	+	form of self-insurance, the employer shall furnish a bond running to 303
380	391		the state, with a surety company authorized to transact business in the 304
381	392		state as surety, in such form as may be approved by the administrator 305
382	393		and in such amount as may be required by the department; (B) the 306
383	394		plan shall provide coverage for all eligible employees throughout their 307
384	395		period of employment; (C) if the plan provides for insurance, the forms 308
385	396		of the policy shall be issued by an approved insurer; and (D) the plan 309
386	397		shall have been approved by a majority vote of the employer's 310
387	398		employees. 311
388	399		(b) The administrator may withdraw approval for a private plan 312
389	400		granted under subsection (a) of this section when terms or conditions 313
390	401		of the plan have been violated. Causes for plan termination include, 314
391	402		but shall not be limited to, the following: (1) Failure to pay benefits; (2) 315
392	403		failure to pay benefits timely and in a manner consistent with the 316
393	404		public plan; (3) failure to maintain an adequate security deposit; (4) 317
394	405		misuse of private plan funds; (5) failure to submit reports as required 318
395	406		by regulations adopted by the administrator; or (6) failure to comply 319
396	407		with sections 1 to 13, inclusive, of this act or the regulations adopted 320
397	408		hereunder or both. 321
398	409		(c) An employee covered by a private plan approved under this 322
399	410		section shall retain all applicable rights under sections 31-51kk to 31-323
400	411		51qq, inclusive, of the general statutes, as amended by this act. 324
401	412		(d) A denial of family or medical leave benefits by a private plan 325
402	413		shall be subject to appeal before the administrator and Superior Court 326
403	414		as provided by section 9 of this act. 327
404	415		Sec. 9. (NEW) (Effective from passage) Any covered worker aggrieved 328
405		-	by a denial of compensation under the Family and Medical Leave 329
	416	+	by a denial of compensation under the Family and Medical Leave 329 Governor's Bill No. 881
	417	+
	418	+
	419	+
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	421	+
406	422		Insurance Program may file a complaint with the commissioner. Upon 330
407	423		receipt of any such complaint, the commissioner shall conduct an 331
408	424		investigation and make a finding regarding jurisdiction and whether a 332
409	425		violation of sections 1 to 13, inclusive, of this act, has occurred. If the 333
410	426		commissioner makes a finding that the agency has no jurisdiction or 334
411		-	that no violation of such sections has occurred, the commissioner shall 335 Substitute Bill No. 881
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	427	+	that no violation of such sections has occurred, the commissioner shall 335
418	428		dismiss the complaint and issue a release of jurisdiction allowing the 336
419	429		complainant to bring a civil action in Superior Court. Any action 337
420	430		brought by the complainant in accordance with this subsection shall be 338
421	431		brought not later than ninety days after the date of the receipt of the 339
422	432		release from the commissioner. The employee may be awarded all 340
423	433		appropriate relief, including any compensation or benefits to which the 341
424	434		covered worker otherwise would have been eligible if such denial had 342
425	435		not occurred. If the commissioner makes a finding that a violation of 343
426	436		sections 1 to 13, inclusive, of this act, has occurred, there shall be a 344
427	437		mandatory settlement conference and, in the absence of a settlement, 345
428	438		the commissioner shall hold a hearing. After the hearing, the 346
429	439		commissioner shall send each party a written copy of the 347
430	440		commissioner's decision. The commissioner may award the covered 348
431	441		worker all appropriate relief, including any compensation or benefits 349
432	442		to which the covered worker otherwise would have been eligible if 350
433	443		such denial had not occurred. Any party aggrieved by the decision of 351
434	444		the commissioner may appeal the decision to the Superior Court in 352
435	445		accordance with the provisions of chapter 54 of the general statutes. 353
436	446		Sec. 10. (NEW) (Effective July 1, 2021) Each employer shall, at the 354
437	447		time of hiring, and annually thereafter, provide notice to each of the 355
438	448		employer's employees (1) of the entitlement to family and medical 356
439	449		leave under sections 31-51kk to 31-51qq, inclusive, of the general 357
440	450		statutes, as amended by this act, and 31-51ss of the general statutes 358
441	451		and the terms under which such leave may be used, (2) that retaliation 359
442	452		by the employer against the employee for requesting, applying for or 360
443	453		using family and medical leave for which the employee is eligible is 361
444	454		prohibited, and (3) that the employee has a right to file a complaint 362
445		-	with the Labor Commissioner for any violation of said sections. An 363
	455	+	with the Labor Commissioner for any violation of said sections. An 363 Governor's Bill No. 881
	456	+
	457	+
	458	+
	459	+	LCO No. 4579 13 of 30
	460	+
446	461		employee claiming to be aggrieved in relation to such a complaint filed 364
447	462		with the Labor Commissioner may bring an action in the superior 365
448	463		court for the judicial district of Hartford within one year from the date 366
449	464		of the alleged aggrievement. The Labor Commissioner may adopt 367
450	465		regulations, in accordance with chapter 54 of the general statutes, to 368
451		-	establish additional requirements concerning the means by which 369 Substitute Bill No. 881
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	466	+	establish additional requirements concerning the means by which 369
458	467		employers shall provide such notice. 370
459	468		Sec. 11. (NEW) (Effective from passage) (a) Any individual or covered 371
460	469		worker participating in the program who wilfully makes a false 372
461	470		statement or misrepresentation regarding a material fact, or wilfully 373
462	471		fails to report a material fact, to obtain family and medical leave 374
463	472		compensation shall be disqualified from receiving any compensation 375
464	473		under the program for two years after making such false statement or 376
465	474		misrepresentation or failing to report such material fact. 377
466	475		(b) If family and medical leave compensation is paid to an 378
467	476		individual or covered worker erroneously or as a result of wilful 379
468	477		misrepresentation by such individual or covered worker, or if a claim 380
469	478		for family and medical leave compensation is rejected after 381
470	479		compensation is paid, the administrator may seek repayment of 382
471	480		benefits from the individual or covered worker having received such 383
472	481		compensation and may also, in the case of wilful misrepresentation, 384
473	482		seek payment of a penalty in the amount of fifty per cent of the 385
474	483		benefits paid as a result of such misrepresentation. The administrator 386
475	484		may, in his or her discretion, waive, in whole or in part, the amount of 387
476	485		any such payments where the recovery would be against equity and 388
477	486		good conscience. 389
478	487		(c) If family and medical leave compensation is paid to an 390
479	488		individual or covered worker as a result of wilful misrepresentation by 391
480	489		any health care provider, as defined in section 31-51kk of the general 392
481	490		statutes, as amended by this act, the administrator shall notify the 393
482	491		Labor Commissioner and may seek payment of a penalty from such 394
483	492		health care provider in the amount of fifty per cent of the benefits paid 395
484		-	as a result of such misrepresentation. The administrator may, in his or 396
	493	+	as a result of such misrepresentation. The administrator may, in his or 396 Governor's Bill No. 881
	494	+
	495	+
	496	+
	497	+	LCO No. 4579 14 of 30
	498	+
485	499		her discretion, waive, in whole or in part, the amount of any such 397
486	500		payments where the recovery would be against equity and good 398
487	501		conscience. 399
488	502		(d) A health care provider shall complete a medical certification of a 400
489		-	patient's serious medical condition at the request of the patient. No 401 Substitute Bill No. 881
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495		-
	503	+	patient's serious medical condition at the request of the patient. No 401
496	504		health care provider shall charge a patient a fee for such service. 402
497	505		Sec. 12. (NEW) (Effective from passage) Nothing in sections 31-51kk to 403
498	506		31-51qq, inclusive, of the general statutes, as amended by this act, and 404
499	507		31-51ss of the general statutes or sections 2 to 13, inclusive, of this act, 405
500	508		shall be construed to (1) prevent employers from providing any 406
501	509		benefits that are more expansive than those provided for under said 407
502	510		sections, (2) diminish any rights provided to any covered worker 408
503	511		under the terms of the covered worker's employment or a collective 409
504	512		bargaining agreement, or (3) interfere with, impede or in any way 410
505	513		diminish the right of an employee to bargain collectively with his or 411
506	514		her employer through a representative of his or her choosing, in order 412
507	515		to establish wages or conditions of work in excess of the applicable 413
508	516		minimum pursuant to sections 3-13c of the general statutes, as 414
509	517		amended by this act, 31-51kk to 31-51mm, inclusive, of the general 415
510	518		statutes, as amended by this act, 31-51oo to 31-51qq, inclusive, of the 416
511	519		general statutes, as amended by this act, and sections 1 to 13, inclusive, 417
512	520		of this act. 418
513	521		Sec. 13. (Effective from passage) Not later than July 1, 2022, and 419
514	522		annually thereafter, the administrator shall report, in accordance with 420
515	523		section 11-4a of the general statutes, to the joint standing committees of 421
516	524		the General Assembly having cognizance of matters relating to 422
517	525		appropriations and the budgets of state agencies and labor, and to the 423
518	526		Office of Policy and Management, on (1) the projected and actual 424
519	527		participation in the program, (2) the balance of the trust, (3) the size of 425
520	528		employers at which covered workers are employed, (4) the reasons 426
521	529		covered workers are receiving family and medical leave compensation, 427
522	530		(5) the success of the administrator's outreach and education efforts, 428
523		-	and (6) demographic information of covered workers, including 429
	531	+	and (6) demographic information of covered workers, including 429 Governor's Bill No. 881
	532	+
	533	+
	534	+
	535	+	LCO No. 4579 15 of 30
	536	+
524	537		gender, age, town of residence and income level. 430
525	538		Sec. 14. Section 31-51kk of the general statutes is repealed and the 431
526	539		following is substituted in lieu thereof (Effective July 1, 2019): 432
527		-	As used in sections 31-51kk to 31-51qq, inclusive, as amended by 433 Substitute Bill No. 881
528		-
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	540	+	As used in sections 31-51kk to 31-51qq, inclusive, as amended by 433
534	541		this act: 434
535	542		(1) "Eligible employee" means an employee who has [been 435
536	543		employed (A) for at least twelve months by the employer with respect 436
537	544		to whom leave is requested; and (B) for at least one thousand hours of 437
538	545		service with such employer during the twelve-month period preceding 438
539	546		the first day of the leave] earned not less than two thousand three 439
540	547		hundred twenty-five dollars from one or more employers during the 440
541	548		employee's highest earning quarter within the base period, as defined 441
542	549		in section 1 of this act; 442
543	550		(2) "Employ" includes to allow or permit to work; 443
544	551		(3) "Employee" means any person engaged in service to an employer 444
545	552		in the business of the employer; 445
546	553		(4) "Employer" means a person engaged in any activity, enterprise 446
547	554		or business who employs [seventy-five] one or more employees, and 447
548	555		includes any person who acts, directly or indirectly, in the interest of 448
549	556		an employer to any of the employees of such employer and any 449
550	557		successor in interest of an employer, [but] as well as any partnership, 450
551	558		association, corporation, or business trust that contracts with self-451
552	559		employed individuals for services and is required to report the 452
553	560		payment for services to such individuals on IRS Form 1099-MISC for 453
554	561		more than fifty per cent of its workforce, and shall not include [the 454
555	562		state,] a municipality [,] or a local or regional board of education; [, or a 455
556	563		private or parochial elementary or secondary school. The number of 456
557	564		employees of an employer shall be determined on October first 457
558	565		annually;] 458
559		-	(5) "Employment benefits" means all benefits provided or made 459
	566	+	(5) "Employment benefits" means all benefits provided or made 459 Governor's Bill No. 881
	567	+
	568	+
	569	+
	570	+	LCO No. 4579 16 of 30
	571	+
560	572		available to employees by an employer, including group life insurance, 460
561	573		health insurance, disability insurance, sick leave, annual leave, 461
562	574		educational benefits and pensions, regardless of whether such benefits 462
563	575		are provided by practice or written policy of an employer or through 463
564		-	an "employee benefit plan", as defined in Section 1002(3) of Title 29 of 464 Substitute Bill No. 881
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	576	+	an "employee benefit plan", as defined in Section 1002(3) of Title 29 of 464
571	577		the United States Code; 465
572	578		(6) "Grandchild" means a grandchild related to a person by (A) 466
573	579		blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 467
574	580		foster care by a child of the grandparent; 468
575	581		(7) "Grandparent" means a grandparent related to a person by (A) 469
576	582		blood, (B) marriage, (C) adoption of a minor child by a child of the 470
577	583		grandparent, or (D) foster care by a child of the grandparent; 471
578	584		[(6)] (8) "Health care provider" means (A) a doctor of medicine or 472
579	585		osteopathy who is authorized to practice medicine or surgery by the 473
580	586		state in which the doctor practices; (B) a podiatrist, dentist, 474
581	587		psychologist, optometrist or chiropractor authorized to practice by the 475
582	588		state in which such person practices and performs within the scope of 476
583	589		the authorized practice; (C) an advanced practice registered nurse, 477
584	590		nurse practitioner, nurse midwife or clinical social worker authorized 478
585	591		to practice by the state in which such person practices and performs 479
586	592		within the scope of the authorized practice; (D) Christian Science 480
587	593		practitioners listed with the First Church of Christ, Scientist in Boston, 481
588	594		Massachusetts; (E) any health care provider from whom an employer 482
589	595		or a group health plan's benefits manager will accept certification of 483
590	596		the existence of a serious health condition to substantiate a claim for 484
591	597		benefits; (F) a health care provider as defined in subparagraphs (A) to 485
592	598		(E), inclusive, of this subdivision who practices in a country other than 486
593	599		the United States, who is licensed to practice in accordance with the 487
594	600		laws and regulations of that country; or (G) such other health care 488
595	601		provider as the Labor Commissioner determines, performing within 489
596	602		the scope of the authorized practice, except that "health care provider" 490
597	603		does not mean any such person included by the commissioner on any 491
598		-	registry of providers who has wilfully misrepresented information to 492
	604	+	registry of providers who has wilfully misrepresented information to 492 Governor's Bill No. 881
	605	+
	606	+
	607	+
	608	+	LCO No. 4579 17 of 30
	609	+
599	610		the administrator. The commissioner may utilize any determinations 493
600	611		made pursuant to chapter 568; 494
601	612		[(7)] (9) "Parent" means a biological parent, foster parent, adoptive 495
602		-	parent, stepparent, parent-in-law or legal guardian of an eligible 496 Substitute Bill No. 881
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608		-
	613	+	parent, stepparent, parent-in-law or legal guardian of an eligible 496
609	614		employee or an eligible employee's spouse, [or] an individual [who 497
610	615		stood] standing in loco parentis to an eligible employee, [when the 498
611	616		employee was a son or daughter] or an individual who stood in loco 499
612	617		parentis to an eligible employee when the employee was a child; 500
613	618		[(8)] (10) "Person" means one or more individuals, partnerships, 501
614	619		associations, corporations, business trusts, legal representatives or 502
615	620		organized groups of persons; 503
616	621		[(9)] (11) "Reduced leave schedule" means a leave schedule that 504
617	622		reduces the usual number of hours per workweek, or hours per 505
618	623		workday, of an employee; 506
619	624		[(10)] (12) "Serious health condition" means an illness, injury, 507
620	625		impairment, or physical or mental condition that involves (A) inpatient 508
621	626		care in a hospital, hospice, nursing home or residential medical care 509
622	627		facility; or (B) continuing treatment, including outpatient treatment, by 510
623	628		a health care provider; 511
624	629		(13) "Sibling" means a brother or sister related to a person by (A) 512
625	630		blood, (B) marriage, (C) adoption by a parent of the person, or (D) 513
626	631		foster care placement; 514
627	632		[(11)] (14) "Son or daughter" means a biological, adopted or foster 515
628	633		child, stepchild, legal ward, or, in the alternative, a child of a person 516
629	634		standing in loco parentis, [who is (A) under eighteen years of age; or 517
630	635		(B) eighteen years of age or older and incapable of self-care because of 518
631	636		a mental or physical disability] or an individual to whom the employee 519
632	637		stood in loco parentis when the individual was a child; [and] 520
633	638		[(12)] (15) "Spouse" means a [husband or wife, as the case may be] 521
634		-	person to whom one is legally married; and 522
	639	+	person to whom one is legally married; and 522 Governor's Bill No. 881
	640	+
	641	+
	642	+
	643	+	LCO No. 4579 18 of 30
	644	+
635	645		(16) "Family member" means a spouse, sibling, son or daughter, 523
636	646		grandparent, grandchild or parent. 524
637		-	Sec. 15. Section 31-51ll of the general statutes is repealed and the 525 Substitute Bill No. 881
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	647	+	Sec. 15. Section 31-51ll of the general statutes is repealed and the 525
644	648		following is substituted in lieu thereof (Effective July 1, 2019): 526
645	649		(a) (1) Subject to section 31-51mm, as amended by this act, an 527
646	650		eligible employee shall be entitled to a total of [sixteen] twelve 528
647	651		workweeks of leave during any [twenty-four-month] twelve-month 529
648	652		period, such [twenty-four-month] twelve-month period to be 530
649	653		determined utilizing any one of the following methods: (A) 531
650	654		[Consecutive] A calendar [years] year; (B) any fixed [twenty-four-532
651	655		month] twelve-month period, such as [two] a consecutive fiscal [years] 533
652	656		year or a [twenty-four-month] twelve-month period measured forward 534
653	657		from an employee's first date of employment; (C) a [twenty-four- 535
654	658		month] twelve-month period measured forward from an employee's 536
655	659		first day of leave taken under sections 31-51kk to 31-51qq, inclusive, as 537
656	660		amended by this act; or (D) a rolling [twenty-four-month] twelve-538
657	661		month period measured backward from an employee's first day of 539
658	662		leave taken under sections 31-51kk to 31-51qq, inclusive, as amended 540
659	663		by this act. Such employee may take up to two additional weeks of 541
660	664		leave due to a serious health condition that results from a pregnancy. 542
661	665		(2) Leave under this subsection may be taken for one or more of the 543
662	666		following reasons: 544
663	667		(A) Upon the birth of a son or daughter of the employee; 545
664	668		(B) Upon the placement of a son or daughter with the employee for 546
665	669		adoption or foster care; 547
666	670		(C) In order to care for [the spouse, or a son, daughter or parent of 548
667	671		the employee, if such spouse, son, daughter or parent has] a family 549
668	672		member with a serious health condition; 550
669	673		(D) Because of a serious health condition of the employee; 551
670		-	(E) In order to serve as an organ or bone marrow donor; or 552
671		-	(F) Because of any qualifying exigency, as determined in regulations 553
672		-	adopted by the United States Secretary of Labor, arising out of the fact 554 Substitute Bill No. 881
	674	+	(E) In order to serve as an organ or bone marrow donor; or 552 Governor's Bill No. 881
673	675
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	679	+
	680	+	(F) Because of any qualifying exigency, as determined in regulations 553
	681	+	adopted by the United States Secretary of Labor, arising out of the fact 554
679	682		that the spouse, son, daughter or parent of the employee is on active 555
680	683		duty, or has been notified of an impending call or order to active duty, 556
681	684		in the armed forces, as defined in subsection (a) of section 27-103. 557
682	685		(b) Entitlement to leave under subparagraph (A) or (B) of 558
683	686		subdivision (2) of subsection (a) of this section may accrue prior to the 559
684	687		birth or placement of a son or daughter when such leave is required 560
685	688		because of such impending birth or placement. 561
686	689		(c) (1) Leave under subparagraph (A) or (B) of subdivision (2) of 562
687	690		subsection (a) of this section for the birth or placement of a son or 563
688	691		daughter may not be taken by an employee intermittently or on a 564
689	692		reduced leave schedule unless the employee and the employer agree 565
690	693		otherwise. Subject to subdivision (2) of this subsection concerning an 566
691	694		alternative position, subdivision (2) of subsection (f) of this section 567
692	695		concerning the duties of the employee and subdivision (5) of 568
693	696		subsection (b) of section 31-51mm, as amended by this act, concerning 569
694	697		sufficient certification, leave under subparagraph (C) or (D) of 570
695	698		subdivision (2) of subsection (a) or under subsection (i) of this section 571
696	699		for a serious health condition may be taken intermittently or on a 572
697	700		reduced leave schedule when medically necessary. The taking of leave 573
698	701		intermittently or on a reduced leave schedule pursuant to this 574
699	702		subsection shall not result in a reduction of the total amount of leave to 575
700	703		which the employee is entitled under subsection (a) of this section 576
701	704		beyond the amount of leave actually taken. 577
702	705		(2) If an employee requests intermittent leave or leave on a reduced 578
703	706		leave schedule under subparagraph (C), (D) or (E) of subdivision (2) of 579
704	707		subsection (a) or under subsection (i) of this section that is foreseeable 580
705	708		based on planned medical treatment, the employer may require the 581
706	709		employee to transfer temporarily to an available alternative position 582
707	710		offered by the employer for which the employee is qualified and that 583
708	711		(A) has equivalent pay and benefits, and (B) better accommodates 584
709		-	recurring periods of leave than the regular employment position of the 585
710		-	employee, provided the exercise of this authority shall not conflict 586
711		-	with any provision of a collective bargaining agreement between such 587 Substitute Bill No. 881
	712	+	recurring periods of leave than the regular employment position of the 585 Governor's Bill No. 881
712	713
713	714
714		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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716		-	20 of 30
717	715
	716	+	LCO No. 4579 20 of 30
	717	+
	718	+	employee, provided the exercise of this authority shall not conflict 586
	719	+	with any provision of a collective bargaining agreement between such 587
718	720		employer and a labor organization which is the collective bargaining 588
719	721		representative of the unit of which the employee is a part. 589
720	722		(d) Except as provided in subsection (e) of this section, leave 590
721	723		granted under subsection (a) of this section may consist of unpaid 591
722	724		leave. 592
723	725		(e) (1) If an employer provides paid leave for fewer than [sixteen] 593
724	726		twelve workweeks, the additional weeks of leave necessary to attain 594
725	727		the sixteen workweeks of leave required under sections 5-248a and 31-595
726	728		51kk to 31-51qq, inclusive, as amended by this act, may be provided 596
727	729		[without compensation] with compensation, through the Family and 597
728	730		Medical Leave Insurance Program established pursuant to section 2 of 598
729	731		this act. 599
730	732		(2) (A) An eligible employee may elect [, or an employer may 600
731	733		require the employee,] to substitute any of the accrued paid vacation 601
732	734		leave, personal leave or family leave of the employee for leave 602
733	735		provided under subparagraph (A), (B) or (C) of subdivision (2) of 603
734	736		subsection (a) of this section for any part of the [sixteen-week] twelve-604
735	737		week period of such leave under said subsection or under subsection 605
736	738		(i) of this section for any part of the twenty-six-week period of such 606
737	739		leave. 607
738	740		(B) An eligible employee may elect [, or an employer may require 608
739	741		the employee,] to substitute any of the accrued paid vacation leave, 609
740	742		personal leave, or medical or sick leave of the employee for leave 610
741	743		provided under subparagraph (C), (D) or (E) of subdivision (2) of 611
742	744		subsection (a) of this section for any part of the [sixteen-week] twelve-612
743	745		week period of such leave under said subsection or under subsection 613
744	746		(i) of this section for any part of the twenty-six-week period of leave, 614
745	747		except that nothing in section 5-248a or sections 31-51kk to 31-51qq, 615
746	748		inclusive, as amended by this act, shall require an employer to provide 616
747		-	paid sick leave or paid medical leave in any situation in which such 617
748		-	employer would not normally provide any such paid leave. 618 Substitute Bill No. 881
	749	+	paid sick leave or paid medical leave in any situation in which such 617 Governor's Bill No. 881
749	750
750	751
751		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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753		-	21 of 30
754	752
	753	+	LCO No. 4579 21 of 30
	754	+
	755	+	employer would not normally provide any such paid leave. 618
755	756		(f) (1) In any case in which the necessity for leave under 619
756	757		subparagraph (A) or (B) of subdivision (2) of subsection (a) of this 620
757	758		section is foreseeable based on an expected birth or placement of a son 621
758	759		or daughter, the employee shall provide the employer with not less 622
759	760		than thirty days' notice, before the date of the leave is to begin, of the 623
760	761		employee's intention to take leave under said subparagraph (A) or (B), 624
761	762		except that if the date of the birth or placement of a son or daughter 625
762	763		requires leave to begin in less than thirty days, the employee shall 626
763	764		provide such notice as is practicable. 627
764	765		(2) In any case in which the necessity for leave under subparagraph 628
765	766		(C), (D) or (E) of subdivision (2) of subsection (a) or under subsection 629
766	767		(i) of this section is foreseeable based on planned medical treatment, 630
767	768		the employee (A) shall make a reasonable effort to schedule the 631
768	769		treatment so as not to disrupt unduly the operations of the employer, 632
769	770		subject to the approval of the health care provider of the employee or 633
770	771		the health care provider of the [son, daughter, spouse or parent of the 634
771	772		employee] family member, as appropriate; and (B) shall provide the 635
772	773		employer with not less than thirty days' notice, before the date the 636
773	774		leave is to begin, of the employee's intention to take leave under said 637
774	775		subparagraph (C), (D) or (E) or said subsection (i), except that if the 638
775	776		date of the treatment requires leave to begin in less than thirty days, 639
776	777		the employee shall provide such notice as is practicable. 640
777	778		(g) In any case in which [a husband and wife] two spouses entitled 641
778	779		to leave under subsection (a) of this section are employed by the same 642
779	780		employer, the aggregate number of workweeks of leave to which both 643
780	781		may be entitled may be limited to [sixteen] twelve workweeks during 644
781	782		any [twenty-four-month] twelve-month period, if such leave is taken: 645
782	783		(1) Under subparagraph (A) or (B) of subdivision (2) of subsection (a) 646
783	784		of this section; or (2) to care for a sick [parent] family member under 647
784	785		subparagraph (C) of said subdivision. In any case in which [a husband 648
785	786		and wife] two spouses entitled to leave under subsection (i) of this 649
786		-	section are employed by the same employer, the aggregate number of 650
787		-	workweeks of leave to which both may be entitled may be limited to 651 Substitute Bill No. 881
	787	+	section are employed by the same employer, the aggregate number of 650 Governor's Bill No. 881
788	788
789	789
790		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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792		-	22 of 30
793	790
	791	+	LCO No. 4579 22 of 30
	792	+
	793	+	workweeks of leave to which both may be entitled may be limited to 651
794	794		twenty-six workweeks during any twelve-month period. 652
795	795		(h) Unpaid leave taken pursuant to sections 5-248a and 31-51kk to 653
796	796		31-51qq, inclusive, as amended by this act, shall not be construed to 654
797	797		affect an employee's qualification for exemption under chapter 558. 655
798	798		(i) Subject to section 31-51mm, as amended by this act, an eligible 656
799	799		employee who is the spouse, son or daughter, parent or next of kin of a 657
800	800		current member of the armed forces, as defined in section 27-103, who 658
801	801		is undergoing medical treatment, recuperation or therapy, is otherwise 659
802	802		in outpatient status or is on the temporary disability retired list for a 660
803	803		serious injury or illness incurred in the line of duty shall be entitled to 661
804	804		a one-time benefit of twenty-six workweeks of leave during any 662
805	805		twelve-month period for each armed forces member per serious injury 663
806	806		or illness incurred in the line of duty. Such twelve-month period shall 664
807	807		commence on an employee's first day of leave taken to care for a 665
808	808		covered armed forces member and end on the date twelve months 666
809	809		after such first day of leave. For the purposes of this subsection, (1) 667
810	810		"next of kin" means the armed forces member's nearest blood relative, 668
811	811		other than the covered armed forces member's spouse, parent, son or 669
812	812		daughter, in the following order of priority: Blood relatives who have 670
813	813		been granted legal custody of the armed forces member by court 671
814	814		decree or statutory provisions, brothers and sisters, grandparents, 672
815	815		aunts and uncles, and first cousins, unless the covered armed forces 673
816	816		member has specifically designated in writing another blood relative 674
817	817		as his or her nearest blood relative or any other individual whose close 675
818	818		association with the employee is the equivalent of a family member for 676
819	819		purposes of military caregiver leave, in which case the designated 677
820	820		individual shall be deemed to be the covered armed forces member's 678
821	821		next of kin; and (2) "son or daughter" means a biological, adopted or 679
822	822		foster child, stepchild, legal ward or child for whom the eligible 680
823	823		employee or armed forces member stood in loco parentis and who is 681
824	824		any age. 682
825		-	(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, as 683
826		-	amended by this act, shall not run concurrently with the provisions of 684 Substitute Bill No. 881
	825	+	(j) Leave taken pursuant to sections 31-51kk to 31-51qq, inclusive, as 683 Governor's Bill No. 881
827	826
828	827
829		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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831		-	23 of 30
832	828
	829	+	LCO No. 4579 23 of 30
	830	+
	831	+	amended by this act, shall not run concurrently with the provisions of 684
833	832		section 31-313. 685
834	833		(k) Notwithstanding the provisions of sections 5-248a and 31-51kk 686
835	834		to 31-51qq, inclusive, as amended by this act, all further rights granted 687
836	835		by federal law shall remain in effect. 688
837	836		Sec. 16. Section 31-51mm of the general statutes is repealed and the 689
838	837		following is substituted in lieu thereof (Effective July 1, 2019): 690
839	838		(a) An employer may require that request for leave based on a 691
840	839		serious health condition in subparagraph (C) or (D) of subdivision (2) 692
841	840		of subsection (a) of section 31-51ll, as amended by this act, or leave 693
842	841		based on subsection (i) of section 31-51ll, as amended by this act, be 694
843	842		supported by a certification issued by the health care provider of the 695
844	843		eligible employee or of the [son, daughter, spouse, parent or next of 696
845	844		kin] family member of the employee, as appropriate. The employee 697
846	845		shall provide, in a timely manner, a copy of such certification to the 698
847	846		employer. 699
848	847		(b) Certification provided under subsection (a) of this section shall 700
849	848		be sufficient if it states: 701
850	849		(1) The date on which the serious health condition commenced; 702
851	850		(2) The probable duration of the condition; 703
852	851		(3) The appropriate medical facts within the knowledge of the 704
853	852		health care provider regarding the condition; 705
854	853		(4) (A) For purposes of leave under subparagraph (C) of subdivision 706
855	854		(2) of subsection (a) of section 31-51ll, as amended by this act, a 707
856	855		statement that the eligible employee is needed to care for the [son, 708
857	856		daughter, spouse or parent] family member and an estimate of the 709
858	857		amount of time that such employee needs to care for the [son, 710
859	858		daughter, spouse or parent] family member; and (B) for purposes of 711
860	859		leave under subparagraph (D) of subdivision (2) of subsection (a) of 712
861		-	section 31-51ll, as amended by this act, a statement that the employee 713 ~~Substitute~~ Bill No. 881
	860	+	section 31-51ll, as amended by this act, a statement that the employee 713 Governor's Bill No. 881
862	861
863	862
864		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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866		-	24 of 30
	863	+
	864	+	LCO No. 4579 24 of 30
867	865
868	866		is unable to perform the functions of the position of the employee; 714
869	867		(5) In the case of certification for intermittent leave or leave on a 715
870	868		reduced leave schedule for planned medical treatment, the dates on 716
871	869		which such treatment is expected to be given and the duration of such 717
872	870		treatment; 718
873	871		(6) In the case of certification for intermittent leave or leave on a 719
874	872		reduced leave schedule under subparagraph (D) of subdivision (2) of 720
875	873		subsection (a) of section 31-51ll, as amended by this act, a statement of 721
876	874		the medical necessity of the intermittent leave or leave on a reduced 722
877	875		leave schedule, and the expected duration of the intermittent leave or 723
878	876		reduced leave schedule; 724
879	877		(7) In the case of certification for intermittent leave or leave on a 725
880	878		reduced leave schedule under subparagraph (C) of subdivision (2) of 726
881	879		subsection (a) of section 31-51ll, as amended by this act, a statement 727
882	880		that the employee's intermittent leave or leave on a reduced leave 728
883	881		schedule is necessary for the care of the [son, daughter, parent or 729
884	882		spouse] family member who has a serious health condition, or will 730
885	883		assist in their recovery, and the expected duration and schedule of the 731
886	884		intermittent leave or reduced leave schedule; and 732
887	885		(8) In the case of certification for intermittent leave or leave on a 733
888	886		reduced leave schedule under subsection (i) of section 31-51ll, as 734
889	887		amended by this act, a statement that the employee's intermittent leave 735
890	888		or leave on a reduced leave schedule is necessary for the care of the 736
891	889		spouse, son or daughter, parent or next of kin who is a current member 737
892	890		of the armed forces, as defined in section 27-103, who is undergoing 738
893	891		medical treatment, recuperation or therapy, is otherwise in outpatient 739
894	892		status or is on the temporary disability retired list, for a serious injury 740
895	893		or illness incurred in the line of duty, and the expected duration and 741
896	894		schedule of the intermittent leave or reduced leave schedule. For the 742
897	895		purposes of this subsection, "son or daughter" and "next of kin" have 743
898	896		the same meanings as provided in subsection (i) of section 31-51ll, as 744
899		-	amended by this act. 745 ~~Substitute~~ Bill No. 881
	897	+	amended by this act. 745 Governor's Bill No. 881
900	898
901	899
902		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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905	902
906	903		(c) (1) In any case in which the employer has reason to doubt the 746
907	904		validity of the certification provided under subsection (a) of this 747
908	905		section for leave under subparagraph (C) or (D) of subdivision (2) of 748
909	906		subsection (a) or under subsection (i) of section 31-51ll, as amended by 749
910	907		this act, the employer may require, at the expense of the employer, that 750
911	908		the eligible employee obtain the opinion of a second health care 751
912	909		provider designated or approved by the employer concerning any 752
913	910		information certified under subsection (b) of this section for such leave. 753
914	911		(2) A health care provider designated or approved under 754
915	912		subdivision (1) of this subsection shall not be employed on a regular 755
916	913		basis by the employer. 756
917	914		(d) (1) In any case in which the second opinion described in 757
918	915		subsection (c) of this section differs from the opinion in the original 758
919	916		certification provided under subsection (a) of this section, the 759
920	917		employer may require, at the expense of the employer, that the 760
921	918		employee obtain the opinion of a third health care provider designated 761
922	919		or approved jointly by the employer and the employee concerning the 762
923	920		information certified under subsection (b) of this section. 763
924	921		(2) The opinion of the third health care provider concerning the 764
925	922		information certified under subsection (b) of this section shall be 765
926	923		considered to be final and shall be binding on the employer and the 766
927	924		employee. 767
928	925		(e) The employer may require that the eligible employee obtain 768
929	926		subsequent recertifications on a reasonable basis, provided the 769
930	927		standards for determining what constitutes a reasonable basis for 770
931	928		recertification may be governed by a collective bargaining agreement 771
932	929		between such employer and a labor organization which is the 772
933	930		collective bargaining representative of the unit of which the worker is 773
934	931		a part if such a collective bargaining agreement is in effect. Unless 774
935	932		otherwise required by the employee's health care provider, the 775
936	933		employer may not require recertification more than once during a 776
937		-	thirty-day period and, in any case, may not unreasonably require 777 ~~Substitute~~ Bill No. 881
	934	+	thirty-day period and, in any case, may not unreasonably require 777 Governor's Bill No. 881
938	935
939	936
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942		-	26 of 30
	937	+
	938	+	LCO No. 4579 26 of 30
943	939
944	940		recertification. The employer shall pay for any recertification that is not 778
945	941		covered by the employee's health insurance. 779
946	942		Sec. 17. Section 31-51oo of the general statutes is repealed and the 780
947	943		following is substituted in lieu thereof (Effective July 1, 2019): 781
948	944		Records and documents relating to medical certifications, 782
949	945		recertifications or medical histories of employees or employees' family 783
950	946		members, created for purposes of sections 5-248a and 31-51kk to 31-784
951	947		51qq, inclusive, as amended by this act, and sections 2 to 13, inclusive, 785
952		-	of this act, shall be maintained as medical records pursuant to chapter 786
	948	+	of this act shall be maintained as medical records pursuant to chapter 786
953	949		563a, except that: (1) Supervisors and managers may be informed 787
954	950		regarding necessary restrictions on the work or duties of an employee 788
955	951		and necessary accommodations; (2) first aid and safety personnel may 789
956	952		be informed, when appropriate, if the employee's physical or medical 790
957	953		condition might require emergency treatment; [and] (3) government 791
958	954		officials investigating compliance with sections 5-248a and 31-51kk to 792
959	955		31-51qq, inclusive, as amended by this act, and sections 2 to 13, 793
960	956		inclusive, of this act, or other pertinent law shall be provided relevant 794
961	957		information upon request; and (4) the administrator may maintain a 795
962	958		record of employees who take leave to care for a family member, and 796
963	959		of the identities of such family members, to ensure the integrity of the 797
964	960		program. 798
965	961		Sec. 18. Section 31-51pp of the general statutes is repealed and the 799
966	962		following is substituted in lieu thereof (Effective July 1, 2019): 800
967	963		(a) (1) It shall be a violation of sections 5-248a and 31-51kk to 31-801
968	964		51qq, inclusive, as amended by this act, for any employer to interfere 802
969	965		with, restrain or deny the exercise of, or the attempt to exercise, any 803
970	966		right provided under said sections. 804
971	967		(2) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 805
972	968		inclusive, as amended by this act, for any employer to discharge or 806
973	969		cause to be discharged, or in any other manner discriminate, against 807
974		-	any individual for opposing any practice made unlawful by said 808 Substitute Bill No. 881
	970	+	any individual for opposing any practice made unlawful by said 808
	971	+	sections or because such employee has exercised the rights afforded to 809 Governor's Bill No. 881
975	972
976	973
977		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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979		-	27 of 30
980	974
981		-	sections or because such employee has exercised the rights afforded to 809
	975	+	LCO No. 4579 27 of 30
	976	+
982	977		such employee under said sections. 810
983	978		(b) It shall be a violation of sections 5-248a and 31-51kk to 31-51qq, 811
984	979		inclusive, as amended by this act, for any person to discharge or cause 812
985	980		to be discharged, or in any other manner discriminate, against any 813
986	981		individual because such individual: 814
987	982		(1) Has filed any charge, or has instituted or caused to be instituted 815
988	983		any proceeding, under or related to sections 5-248a and 31-51kk to 31-816
989	984		51qq, inclusive, as amended by this act; 817
990	985		(2) Has given, or is about to give, any information in connection 818
991	986		with any inquiry or proceeding relating to any right provided under 819
992	987		said sections; or 820
993	988		(3) Has testified, or is about to testify, in any inquiry or proceeding 821
994	989		relating to any right provided under said sections. 822
995	990		(c) (1) It shall be a violation of sections 31-51kk to 31-51qq, inclusive, 823
996	991		as amended by this act, for any employer to deny an employee the 824
997	992		right to use up to two weeks of accumulated sick leave or to discharge, 825
998	993		threaten to discharge, demote, suspend or in any manner discriminate 826
999	994		against an employee for using, or attempting to exercise the right to 827
1000	995		use, up to two weeks of accumulated sick leave to attend to a serious 828
1001	996		health condition of a [son or daughter, spouse or parent of the 829
1002	997		employee] family member, or for the birth or adoption of a son or 830
1003	998		daughter of the employee. For purposes of this subsection, "sick leave" 831
1004	999		means an absence from work for which compensation is provided 832
1005	1000		through an employer's bona fide written policy providing 833
1006	1001		compensation for loss of wages occasioned by illness, but does not 834
1007	1002		include absences from work for which compensation is provided 835
1008	1003		through an employer's plan, including, but not limited to, a short or 836
1009	1004		long-term disability plan, whether or not such plan is self-insured. 837
1010	1005		(2) Any employee aggrieved by a violation of this subsection may 838
1011		-	file a complaint with the Labor Commissioner alleging violation of the 839 Substitute Bill No. 881
	1006	+	file a complaint with the Labor Commissioner alleging violation of the 839
	1007	+	provisions of this subsection. Upon receipt of any such complaint, the 840 Governor's Bill No. 881
1012	1008
1013	1009
1014		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
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1016		-	28 of 30
1017	1010
1018		-	provisions of this subsection. Upon receipt of any such complaint, the 840
	1011	+	LCO No. 4579 28 of 30
	1012	+
1019	1013		commissioner shall conduct an investigation and make a finding 841
1020	1014		regarding jurisdiction and whether a violation of sections 31-51kk to 842
1021	1015		31-51qq, inclusive, as amended by this act, has occurred. If the 843
1022	1016		commissioner makes a finding that the agency has no jurisdiction or 844
1023	1017		that no violation of said sections has occurred, the commissioner shall 845
1024	1018		dismiss the complaint and issue a release of jurisdiction allowing the 846
1025	1019		complainant to bring a civil action in Superior Court. Any action 847
1026	1020		brought by the complainant in accordance with this subdivision shall 848
1027	1021		be brought not later than ninety days after the date of the receipt of the 849
1028	1022		release from the commissioner. The employee may be awarded all 850
1029	1023		appropriate relief, including rehiring or reinstatement to the 851
1030	1024		employee's previous job, payment of back wages and reestablishment 852
1031	1025		of employee benefits to which the employee otherwise would have 853
1032	1026		been eligible if a violation of this subsection had not occurred, as well 854
1033	1027		as attorney's fees. If the commissioner makes a finding that a violation 855
1034	1028		of sections 31-51kk to 31-51qq, inclusive, as amended by this act, has 856
1035	1029		occurred, there shall be a mandatory settlement conference and, in the 857
1036	1030		absence of a settlement, the commissioner shall hold a hearing. After 858
1037	1031		the hearing, the commissioner shall send each party a written copy of 859
1038	1032		the commissioner's decision. The commissioner may award the 860
1039	1033		employee all appropriate relief, including attorney's fees, rehiring or 861
1040	1034		reinstatement to the employee's previous job, payment of back wages 862
1041	1035		and reestablishment of employee benefits to which the employee 863
1042	1036		otherwise would have been eligible if a violation of this subsection had 864
1043	1037		not occurred. Any party aggrieved by the decision of the commissioner 865
1044	1038		may appeal the decision to the Superior Court in accordance with the 866
1045	1039		provisions of chapter 54. 867
1046	1040		(3) The rights and remedies specified in this subsection are 868
1047	1041		cumulative and nonexclusive and are in addition to any other rights or 869
1048	1042		remedies afforded by contract or under other provisions of law. 870
1049	1043		Sec. 19. Section 31-51qq of the general statutes is repealed and the 871
1050		-	following is substituted in lieu thereof (Effective July 1, 2019): 872 Substitute Bill No. 881
	1044	+	following is substituted in lieu thereof (Effective July 1, 2019): 872
	1045	+	On or before [January 1, 1997] July 1, 2020, the Labor Commissioner 873 Governor's Bill No. 881
1051	1046
1052	1047
1053		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
1054		-	R01-SB.docx }
1055		-	29 of 30
1056	1048
1057		-	On or before [January 1, 1997] July 1, 2020, the Labor Commissioner 873
	1049	+	LCO No. 4579 29 of 30
	1050	+
1058	1051		shall adopt regulations, in accordance with the provisions of chapter 874
1059	1052		54, to establish procedures and guidelines necessary to implement the 875
1060	1053		provisions of sections [5-248a and] 31-51kk to 31-51qq, inclusive, as 876
1061	1054		amended by this act, and sections 2 to 13, inclusive, of this act, 877
1062	1055		including, but not limited to, procedures for hearings and redress, 878
1063	1056		including restoration and restitution, for an employee who believes 879
1064	1057		that there is a violation by the employer of such employee of any 880
1065	1058		provision of said sections. [In adopting such regulations, the 881
1066	1059		commissioner shall make reasonable efforts to ensure compatibility of 882
1067	1060		state regulatory provisions with similar provisions of the federal 883
1068	1061		Family and Medical Leave Act of 1993 and the regulations 884
1069	1062		promulgated pursuant to said act.] 885
1070	1063		Sec. 20. Section 3-13c of the general statutes is repealed and the 886
1071	1064		following is substituted in lieu thereof (Effective July 1, 2019): 887
1072	1065		Trust funds as used in sections 3-13 to 3-13e, inclusive, and 3-31b 888
1073	1066		shall be construed to include Connecticut Municipal Employees' 889
1074	1067		Retirement Fund A, Connecticut Municipal Employees' Retirement 890
1075	1068		Fund B, Soldiers, Sailors and Marines Fund, Family and Medical Leave 891
1076	1069		Insurance Trust Fund, State's Attorneys' Retirement Fund, Teachers' 892
1077	1070		Annuity Fund, Teachers' Pension Fund, Teachers' Survivorship and 893
1078	1071		Dependency Fund, School Fund, State Employees Retirement Fund, 894
1079	1072		the Hospital Insurance Fund, Policemen and Firemen Survivor's 895
1080	1073		Benefit Fund and all other trust funds administered, held or invested 896
1081	1074		by the State Treasurer. 897
1082	1075		This act shall take effect as follows and shall amend the following
1083	1076		sections:
1084	1077
1085	1078		Section 1 from passage New section
1086	1079		Sec. 2 from passage New section
1087	1080		Sec. 3 from passage New section
1088	1081		Sec. 4 from passage New section
1089	1082		Sec. 5 from passage New section
1090		-	Sec. 6 from passage New section Substitute Bill No. 881
	1083	+	Sec. 6 from passage New section
	1084	+	Sec. 7 January 1, 2020 New section
	1085	+	Sec. 8 from passage New section Governor's Bill No. 881
1091	1086
1092	1087
1093		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00881-
1094		-	R01-SB.docx }
1095		-	30 of 30
1096	1088
1097		-	~~Sec~~. ~~7 January 1,~~ ~~2020 New section~~
1098		-	~~Sec. 8 from passage New section~~
	1089	+	LCO No. 4579 30 of 30
	1090	+
1099	1091		Sec. 9 from passage New section
1100	1092		Sec. 10 July 1, 2021 New section
1101	1093		Sec. 11 from passage New section
1102	1094		Sec. 12 from passage New section
1103	1095		Sec. 13 from passage New section
1104	1096		Sec. 14 July 1, 2019 31-51kk
1105	1097		Sec. 15 July 1, 2019 31-51ll
1106	1098		Sec. 16 July 1, 2019 31-51mm
1107	1099		Sec. 17 July 1, 2019 31-51oo
1108	1100		Sec. 18 July 1, 2019 31-51pp
1109	1101		Sec. 19 July 1, 2019 31-51qq
1110	1102		Sec. 20 July 1, 2019 3-13c
1111	1103
1112		-	Statement of Legislative Commissioners:
1113		-	In Section 1(2), the reference to section "1-121" was changed to "1-120"
1114		-	for accuracy; In Section 2(c)(5), "such contributable" was changed to
1115		-	"such contribution" for accuracy; and punctuation and internal
1116		-	references were changed in Sections 1(5), 2(c)(2) and 17.
1117		-
1118		-	LAB Joint Favorable Subst. -LCO
	1104	+	Statement of Purpose:
	1105	+	To implement the Governor's budget recommendations.
	1106	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	1107	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	1108	+	not underlined.]
1119	1109