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