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| 5 | 5 | | LCO No. 2165 1 of 2 |
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| 6 | 6 | | |
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| 7 | 7 | | General Assembly Raised Bill No. 5402 |
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| 8 | 8 | | February Session, 2020 |
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| 9 | 9 | | LCO No. 2165 |
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| 10 | 10 | | |
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| 11 | 11 | | |
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| 12 | 12 | | Referred to Committee on VETERANS' AFFAIRS |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by: |
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| 16 | 16 | | (VA) |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | AN ACT PROHIBITING RETALIATION OR DISCRIMINATION AGAINST |
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| 22 | 22 | | AN EMPLOYEE WHO IS A VETERAN FOR EXCEEDIN G PAID SICK |
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| 23 | 23 | | LEAVE. |
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| 24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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| 25 | 25 | | Assembly convened: |
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| 26 | 26 | | |
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| 27 | 27 | | Section 1. (NEW) (Effective October 1, 2020) (a) No employer shall take 1 |
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| 28 | 28 | | retaliatory personnel action or discriminate against an employee who is 2 |
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| 29 | 29 | | a veteran, as defined in section 27-103 of the general statutes, because 3 |
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| 30 | 30 | | such employee exceeds the number of paid sick leave hours provided 4 |
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| 31 | 31 | | for in section 31-57s of the general statutes or contained in an employer's 5 |
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| 32 | 32 | | established sick leave policy. No employer shall be required to pay any 6 |
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| 33 | 33 | | excess sick leave hours used by such employee. 7 |
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| 34 | 34 | | (b) Any employee aggrieved by a violation of this section may file a 8 |
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| 35 | 35 | | complaint with the Labor Commissioner. Upon receipt of any such 9 |
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| 36 | 36 | | complaint, the commissioner may hold a hearing. After the hearing, any 10 |
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| 37 | 37 | | employer who is found by the commissioner, by a preponderance of the 11 |
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| 38 | 38 | | evidence, to have violated the provisions of this section shall be liable to 12 |
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| 39 | 39 | | the Labor Department for a civil penalty of five hundred dollars for each 13 |
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| 40 | 40 | | violation. The commissioner may award the employee all appropriate 14 Raised Bill No. 5402 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LCO No. 2165 2 of 2 |
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| 45 | 45 | | |
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| 46 | 46 | | relief, including (1) payment for used paid sick leave, (2) rehiring or 15 |
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| 47 | 47 | | reinstatement to the employee's previous job, (3) payment of back 16 |
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| 48 | 48 | | wages, and (4) reestablishment of employee benefits to which the 17 |
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| 49 | 49 | | employee otherwise would have been eligible if the employee had not 18 |
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| 50 | 50 | | been subject to such retaliatory personnel action or discriminated 19 |
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| 51 | 51 | | against. Any party aggrieved by the decision of the commissioner may 20 |
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| 52 | 52 | | appeal the decision to the Superior Court in accordance with the 21 |
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| 53 | 53 | | provisions of chapter 54 of the general statutes. 22 |
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| 54 | 54 | | (c) The Labor Commissioner shall administer this section within 23 |
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| 55 | 55 | | available appropriations. 24 |
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| 56 | 56 | | This act shall take effect as follows and shall amend the following |
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| 57 | 57 | | sections: |
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| 58 | 58 | | |
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| 59 | 59 | | Section 1 October 1, 2020 New section |
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| 60 | 60 | | |
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| 61 | 61 | | Statement of Purpose: |
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| 62 | 62 | | To protect employees who are veterans from retaliation or |
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| 63 | 63 | | discrimination by their employers for exceeding the number of paid sick |
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| 64 | 64 | | leave days. |
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| 65 | 65 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 66 | 66 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 67 | 67 | | underlined.] |
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| 68 | 68 | | |
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