LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-R02-
SB.docx
1 of 51
General Assembly Substitute Bill No. 1002
January Session, 2021
AN ACT CONCERNING LA BOR ISSUES RELATED T O COVID-19,
PERSONAL PROTECTIVE EQUIPMENT AND OTHER STAFFING
MATTERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-290a of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective from passage): 2
(a) No employer who is subject to the provisions of this chapter shall: 3
[discharge,] (1) Discharge or cause to be discharged, or in any manner 4
discipline or discriminate against any employee because the employee 5
has filed a claim for workers' compensation benefits or otherwise 6
exercised the rights afforded to him pursuant to the provisions of this 7
chapter, or (2) deliberately misinform or otherwise deliberately 8
dissuade an employee from filing a claim for workers' compensation 9
benefits. 10
(b) Any employee who is so discharged, disciplined or discriminated 11
against or who has been deliberately misinformed or dissuaded from 12
filing a claim for workers' compensation benefits may either: (1) Bring a 13
civil action in the superior court for the judicial district where the 14
employer has its principal office for the reinstatement of his previous 15
job, payment of back wages and reestablishment of employee benefits 16
to which he would have otherwise been entitled if he had not been 17 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
2 of 51
discriminated against or discharged and any other damages caused by 18
such discrimination or discharge. The court may also award punitive 19
damages. Any employee who prevails in such a civil action shall be 20
awarded reasonable attorney's fees and costs to be taxed by the court; 21
or (2) file a complaint with the chairman of the Workers' Compensation 22
Commission alleging violation of the provisions of subsection (a) of this 23
section. Upon receipt of any such complaint, the chairman shall select a 24
commissioner to hear the complaint, provided any commissioner who 25
has previously rendered any decision concerning the claim shall be 26
excluded. The hearing shall be held in the workers' compensation 27
district where the employer has its principal office. After the hearing, 28
the commissioner shall send each party a written copy of his decision. 29
The commissioner may award the employee the reinstatement of his 30
previous job, payment of back wages and reestablishment of employee 31
benefits to which he otherwise would have been eligible if he had not 32
been discriminated against or discharged. Any employee who prevails 33
in such a complaint shall be awarded reasonable attorney's fees. Any 34
party aggrieved by the decision of the commissioner may appeal the 35
decision to the Appellate Court. 36
Sec. 2. (NEW) (Effective from passage) (a) For the purposes of 37
adjudication of claims for payment of benefits under the provisions of 38
chapter 568 of the general statutes, when there is a dispute regarding 39
whether a request for medical and surgical aid or hospital and nursing 40
services, including mechanical aids and prescription drugs, is 41
reasonable or necessary, the employer or insurer shall file a notice of 42
controversy. A copy of the notice of controversy shall be sent to the 43
originator of the request. A health care provider, employee or other 44
interested party may request a hearing regarding payment of medical 45
and related services for determination of any such dispute. 46
(b) Payment of a medical bill by an employer or insurer shall not be 47
considered an admission by the employer or the insurer as to the 48
reasonableness of subsequent medical bills. The provisions of this 49
section shall not affect the applicability of any notice provision of section 50 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
3 of 51
31-294c of the general statutes. 51
Sec. 3. (NEW) (Effective from passage) (a) For the purpose of 52
adjudication of claims for payment of benefits under the provisions of 53
chapter 568 of the general statutes, an employee who died or was unable 54
to work as a result of contracting COVID-19, or due to symptoms that 55
were later diagnosed as COVID-19, at any time during (1) the public 56
health and civil preparedness emergencies declared by the Governor on 57
March 10, 2020, or any extension of such declarations, or (2) any new 58
public health and civil preparedness emergencies declared by the 59
Governor as a result of a COVID-19 outbreak in this state, shall be 60
presumed to have contracted COVID-19 as an occupational disease 61
arising out of and in the course of employment, provided (A) the 62
contraction of COVID-19 by such employee shall be confirmed by a 63
positive laboratory test or, if a laboratory test was not available for the 64
employee, as diagnosed and documented by the employee's licensed 65
physician, licensed physician assistant or licensed advanced practice 66
registered nurse, based on the employee's symptoms, and (B) a copy of 67
the positive laboratory test or the written documentation of the 68
physician's, physician assistant's or advanced practice registered nurse's 69
diagnosis is provided to the employer or insurer. For the purposes of 70
this section, "COVID-19" means the respiratory disease designated by 71
the World Health Organization on February 11, 2020, as coronavirus 72
2019, and any related mutation thereof recognized by the World Health 73
Organization as a communicable respiratory disease. 74
(b) The provisions of subsection (a) of this section shall not apply to 75
an employee who, during the fourteen consecutive days immediately 76
preceding the date the employee died or was unable to work due to 77
contracting COVID-19 or due to symptoms that were later diagnosed as 78
COVID-19: (1) Was employed in a capacity where he or she worked 79
solely from home and did not have physical interaction with other 80
employees, or (2) was the recipient of an individualized written offer or 81
directive from his or her employer to work solely from home but 82
otherwise chose to work at a work site of the employer. 83 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
4 of 51
(c) Notwithstanding the definition of "occupational disease" under 84
section 31-396 of the general statutes, COVID-19 shall be considered an 85
occupational disease for any employee who was diagnosed with 86
COVID-19 in accordance with subsection (a) of this section. 87
(d) The presumption under subsection (a) of this section shall only be 88
rebutted if the employer or insurer clearly demonstrates by a 89
preponderance of the evidence that the employment of the individual 90
was not a direct cause of the occupational disease. The employer or the 91
insurer, within ten days of filing a notice to contest an employee's rights 92
to compensation benefits pursuant to section 31-294c of the general 93
statutes, shall provide evidence to rebut the presumption under 94
subsection (a) of this section. If a compensation commissioner finds that 95
such presumption has been rebutted, such commissioner shall decide 96
the claim on its merits, in accordance with established practices of 97
causation. For purposes of this section, an employee's preexisting 98
condition shall have no bearing on the merits of a claim, both with 99
regard to approving a claim and continuing benefits once they have 100
been awarded. The reapportionment of the levels of the burden of 101
proofs between the parties is a procedural change intended to apply to 102
all existing and future COVID-19 claims. 103
(e) An employee who has contracted COVID-19 but who is not 104
entitled to the presumption under subsection (a) of this section shall not 105
be precluded from making a claim as provided in chapter 568 of the 106
general statutes. 107
(f) Beginning on July 1, 2021, and ending on January 1, 2023, the 108
Workers' Compensation Commission shall provide a detailed report on 109
the first business day of each month on COVID -19 workers' 110
compensation claims and shall provide such reports to the joint 111
standing committees of the General Assembly having cognizance of 112
matters relating to labor and insurance. Such monthly reports shall 113
contain: (1) The number of total COVID-19 workers' compensation 114
claims filed since May 10, 2020; (2) the number of record-only claims 115
filed by hospitals, nursing homes, municipalities and other employers, 116 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
5 of 51
listed by employer name; (3) the number of COVID-19 workers' 117
compensation cases filed by state employees in each agency; (4) the 118
number of such claims contested by each individual employer, 119
including state agencies, third-party administrators and insurers, by 120
client; (5) the reasons cited by each employer, including state agencies, 121
third-party administrators and insurers, by client, for contesting such 122
claims; (6) the number of claims that have received a hearing by the 123
Workers' Compensation Commission; (7) the number of: (A) Rulings by 124
the Workers' Compensation Commission regarding such claims that 125
have been appealed, (B) approved voluntary agreements, (C) findings 126
and awards, (D) findings and dismissals, (E) petitions for review, and 127
(F) stipulations; (8) the average time it took to schedule an initial hearing 128
once it has been requested; and (9) the average time it took to adjudicate 129
contested COVID-19 workers' compensation claims. Employers, 130
including state agencies, third-party administrators and insurers shall 131
comply with all requests from the Workers' Compensation Commission 132
for information required to compile the reports. 133
Sec. 4. Subsection (a) of section 31-306 of the general statutes is 134
repealed and the following is substituted in lieu thereof (Effective from 135
passage): 136
(a) Compensation shall be paid to dependents on account of death 137
resulting from an accident arising out of and in the course of 138
employment or from an occupational disease as follows: 139
(1) Four thousand dollars shall be paid for burial expenses in any case 140
in which the employee died on or after October 1, 1988, and before the 141
effective date of this act, and twenty thousand dollars shall be paid for 142
burial expenses in any case in which the employee died on or after the 143
effective date of this act. On January 1, 2022, and not later than each 144
January first thereafter, the compensation for burial benefits shall be 145
adjusted by the percentage increase between the last complete calendar 146
year and the previous calendar year in the consumer price index for 147
urban wage earners and clerical workers in the northeast, with no 148
seasonal adjustment, as calculated by the United States Department of 149 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
6 of 51
Labor's Bureau of Labor Statistics. If there is no one wholly or partially 150
dependent upon the deceased employee, the burial expenses [of four 151
thousand dollars] shall be paid to the person who assumes the 152
responsibility of paying the funeral expenses. 153
(2) Twenty thousand dollars shall be paid for burial expenses in any 154
case in which an employee died due to contracting COVID-19 during 155
(A) the public health and civil preparedness emergencies declared by 156
the Governor on March 10, 2020, or any extension of such declarations, 157
or (B) any new public health and civil preparedness emergencies 158
declared by the Governor as a result of a COVID-19 outbreak in this 159
state. For the purposes of this subdivision, "COVID-19" means the 160
respiratory disease designated by the World Health Organization on 161
February 11, 2020, as coronavirus 2019, and any related mutation thereof 162
recognized by the World Health Organization as a communicable 163
respiratory disease. 164
[(2)] (3) To those wholly dependent upon the deceased employee at 165
the date of the deceased employee's injury, a weekly compensation 166
equal to seventy-five per cent of the average weekly earnings of the 167
deceased calculated pursuant to section 31-310, after such earnings have 168
been reduced by any deduction for federal or state taxes, or both, and 169
for the federal Insurance Contributions Act made from such employee's 170
total wages received during the period of calculation of the employee's 171
average weekly wage pursuant to said section 31-310, as of the date of 172
the injury but not more than the maximum weekly compensation rate 173
set forth in section 31-309 for the year in which the injury occurred or 174
less than twenty dollars weekly. (A) The weekly compensation rate of 175
each dependent entitled to receive compensation under this section as a 176
result of death arising from a compensable injury occurring on or after 177
October 1, 1977, shall be adjusted annually as provided in this 178
subdivision as of the following October first, and each subsequent 179
October first, to provide the dependent with a cost-of-living adjustment 180
in the dependent's weekly compensation rate as determined as of the 181
date of the injury under section 31-309. If the maximum weekly 182 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
7 of 51
compensation rate, as determined under the provisions of said section 183
31-309, to be effective as of any October first following the date of the 184
injury, is greater than the maximum weekly compensation rate 185
prevailing at the date of the injury, the weekly compensation rate which 186
the injured employee was entitled to receive at the date of the injury or 187
October 1, 1990, whichever is later, shall be increased by the percentage 188
of the increase in the maximum weekly compensation rate required by 189
the provisions of said section 31-309 from the date of the injury or 190
October 1, 1990, whichever is later, to such October first. The cost-of-191
living increases provided under this subdivision shall be paid by the 192
employer without any order or award from the commissioner. The 193
adjustments shall apply to each payment made in the next succeeding 194
twelve-month period commencing with the October first next 195
succeeding the date of the injury. With respect to any dependent 196
receiving benefits on October 1, 1997, with respect to any injury 197
occurring on or after July 1, 1993, and before October 1, 1997, such 198
benefit shall be recalculated to October 1, 1997, as if such benefits had 199
been subject to recalculation annually under this subparagraph. The 200
difference between the amount of any benefits that would have been 201
paid to such dependent if such benefits had been subject to such 202
recalculation and the actual amount of benefits paid during the period 203
between such injury and such recalculation shall be paid to the 204
dependent not later than December 1, 1997, in a lump-sum payment. 205
The employer or its insurer shall be reimbursed by the Second Injury 206
Fund, as provided in section 31-354, for adjustments, including lump-207
sum payments, payable under this subparagraph for deaths from 208
compensable injuries occurring on or after July 1, 1993, and before 209
October 1, 1997, upon presentation of any vouchers and information 210
that the Treasurer shall require. No claim for payment of retroactive 211
benefits may be made to the Second Injury Fund more than two years 212
after the date on which the employer or its insurer paid such benefits in 213
accordance with this subparagraph. (B) The weekly compensation rate 214
of each dependent entitled to receive compensation under this section 215
as a result of death arising from a compensable injury occurring on or 216
before September 30, 1977, shall be adjusted as of October 1, 1977, and 217 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
8 of 51
October 1, 1980, and thereafter, as provided in this subdivision to 218
provide the dependent with partial cost-of-living adjustments in the 219
dependent's weekly compensation rate. As of October 1, 1977, the 220
weekly compensation rate paid prior to October 1, 1977, to the 221
dependent shall be increased by twenty-five per cent. The partial cost-222
of-living adjustment provided under this subdivision shall be paid by 223
the employer without any order or award from the commissioner. In 224
addition, on each October first, the weekly compensation rate of each 225
dependent as of October 1, 1990, shall be increased by the percentage of 226
the increase in the maximum compensation rate over the maximum 227
compensation rate of October 1, 1990, as determined under the 228
provisions of section 31-309 existing on October 1, 1977. The cost of the 229
adjustments shall be paid by the employer or its insurance carrier who 230
shall be reimbursed for such cost from the Second Injury Fund as 231
provided in section 31-354 upon presentation of any vouchers and 232
information that the Treasurer shall require. No claim for payment of 233
retroactive benefits may be made to the Second Injury Fund more than 234
two years after the date on which the employer or its insurance carrier 235
paid such benefits in accordance with this subparagraph. 236
[(3)] (4) If the surviving spouse is the sole presumptive dependent, 237
compensation shall be paid until death or remarriage. 238
[(4)] (5) If there is a presumptive dependent spouse surviving and 239
also one or more presumptive dependent children, all of which children 240
are either children of the surviving spouse or are living with the 241
surviving spouse, the entire compensation shall be paid to the surviving 242
spouse in the same manner and for the same period as if the surviving 243
spouse were the sole dependent. If, however, any of the presumptive 244
dependent children are neither children of the surviving spouse nor 245
living with the surviving spouse, the compensation shall be divided into 246
as many parts as there are presumptive dependents. The shares of any 247
children having a presumptive dependent parent shall be added to the 248
share of the parent and shall be paid to the parent. The share of any 249
dependent child not having a surviving dependent parent shall be paid 250 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
9 of 51
to the father or mother of the child with whom the child may be living, 251
or to the legal guardian of the child, or to any other person, for the 252
benefit of the child, as the commissioner may direct. 253
[(5)] (6) If the compensation being paid to the surviving presumptive 254
dependent spouse terminates for any reason, or if there is no surviving 255
presumptive dependent spouse at the time of the death of the employee, 256
but there is at either time one or more presumptive dependent children, 257
the compensation shall be paid to the children as a class, each child 258
sharing equally with the others. Each child shall receive compensation 259
until the child reaches the age of eighteen or dies before reaching age 260
eighteen, provided the child shall continue to receive compensation up 261
to the attainment of the age of twenty-two if unmarried and a full-time 262
student, except any child who has attained the age of twenty-two while 263
a full-time student but has not completed the requirements for, or 264
received, a degree from a postsecondary educational institution shall be 265
deemed not to have attained age twenty-two until the first day of the 266
first month following the end of the quarter or semester in which the 267
child is enrolled at the time, or if the child is not enrolled in a quarter or 268
semester system, until the first day of the first month following the 269
completion of the course in which the child is enrolled or until the first 270
day of the third month beginning after such time, whichever occurs first. 271
When a child's participation ceases, such child's share shall be divided 272
among the remaining eligible dependent children, provided if any child, 273
when the child reaches the age of eighteen years, is physically or 274
mentally incapacitated from earning, the child's right to compensation 275
shall not terminate but shall continue for the full period of incapacity. 276
[(6)] (7) In all cases where there are no presumptive dependents, but 277
where there are one or more persons wholly dependent in fact, the 278
compensation in case of death shall be divided according to the relative 279
degree of their dependence. Compensation payable under this 280
subdivision shall be paid for not more than three hundred and twelve 281
weeks from the date of the death of the employee. The compensation, if 282
paid to those wholly dependent in fact, shall be paid at the full 283 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
10 of 51
compensation rate. The compensation, if paid to those partially 284
dependent in fact upon the deceased employee as of the date of the 285
injury, shall not, in total, be more than the full compensation rate nor 286
less than twenty dollars weekly, nor, if the average weekly sum 287
contributed by the deceased at the date of the injury to those partially 288
dependent in fact is more than twenty dollars weekly, not more than the 289
sum so contributed. 290
[(7)] (8) When the sole presumptive dependents are, at the time of the 291
injury, nonresident aliens and the deceased has in this state some person 292
or persons who are dependent in fact, the commissioner may in the 293
commissioner's discretion equitably apportion the sums payable as 294
compensation to the dependents. 295
Sec. 5. Subdivision (16) of section 31-275 of the general statutes is 296
repealed and the following is substituted in lieu thereof (Effective from 297
passage): 298
(16) (A) "Personal injury" or "injury" includes, in addition to 299
accidental injury that may be definitely located as to the time when and 300
the place where the accident occurred, an injury to an employee that is 301
causally connected with the employee's employment and is the direct 302
result of repetitive trauma or repetitive acts incident to such 303
employment, and occupational disease. 304
(B) "Personal injury" or "injury" shall not be construed to include: 305
(i) An injury to an employee that results from the employee's 306
voluntary participation in any activity the major purpose of which is 307
social or recreational, including, but not limited to, athletic events, 308
parties and picnics, whether or not the employer pays some or all of the 309
cost of such activity; 310
(ii) A mental or emotional impairment, unless such impairment (I) 311
arises from a physical injury or occupational disease, (II) in the case of a 312
police officer of the Division of State Police within the Department of 313
Emergency Services and Public Protection, an organized local police 314 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
11 of 51
department or a municipal constabulary, arises from such police 315
officer's use of deadly force or subjection to deadly force in the line of 316
duty, regardless of whether such police officer is physically injured, 317
provided such police officer is the subject of an attempt by another 318
person to cause such police officer serious physical injury or death 319
through the use of deadly force, and such police officer reasonably 320
believes such police officer to be the subject of such an attempt, or (III) 321
in the case of [a police officer, parole officer or firefighter] an eligible 322
individual as defined in section 31-294k, as amended by this act, is a 323
diagnosis of post-traumatic stress [disorder] injury as defined in section 324
31-294k, as amended by this act, that meets all the requirements of 325
section 31-294k, as amended by this act. As used in this clause, "in the 326
line of duty" means any action that a police officer is obligated or 327
authorized by law, rule, regulation or written condition of employment 328
service to perform, or for which the police officer or firefighter is 329
compensated by the public entity such officer serves; 330
(iii) A mental or emotional impairment that results from a personnel 331
action, including, but not limited to, a transfer, promotion, demotion or 332
termination; or 333
(iv) Notwithstanding the provisions of subparagraph (B)(i) of this 334
subdivision, "personal injury" or "injury" includes injuries to employees 335
of local or regional boards of education resulting from participation in a 336
school-sponsored activity but does not include any injury incurred 337
while going to or from such activity. As used in this clause, "school-338
sponsored activity" means any activity sponsored, recognized or 339
authorized by a board of education and includes activities conducted on 340
or off school property and "participation" means acting as a chaperone, 341
advisor, supervisor or instructor at the request of an administrator with 342
supervisory authority over the employee. 343
Sec. 6. Section 31-294k of the general statutes is repealed and the 344
following is substituted in lieu thereof (Effective from passage): 345
(a) As used in this section: 346 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
12 of 51
(1) "COVID-19" means the respiratory disease designated by the 347
World Health Organization on February 11, 2020, as coronavirus 2019, 348
and any related mutation thereof recognized by the World Health 349
Organization as a communicable respiratory disease; 350
(2) "Eligible individual" means a police officer, firefighter, emergency 351
medical services personnel, Department of Correction employee, 352
telecommunicator or health care provider; 353
(3) "Emergency medical services personnel" has the same meaning as 354
provided in section 20-206jj; 355
[(1)] (4) "Firefighter" has the same meaning as provided in section 7-356
313g; 357
(5) "Health care provider" means a person employed at a doctor's 358
office, hospital, health care center, clinic, medical school, local health 359
department or agency, nursing facility, retirement facility, nursing 360
home, group home, home health care provider, any facility that 361
performs laboratory or medical testing, pharmacy or any similar 362
institution, or a person employed to provide personal care assistance, as 363
defined in section 17b-706; 364
[(2)] (6) "In the line of duty" means any action that [a police officer, 365
parole officer or firefighter] an eligible individual is obligated or 366
authorized by law, rule, regulation or written condition of employment 367
service to perform, or for which the [officer or firefighter] eligible 368
individual is compensated by the public entity such [officer or 369
firefighter] individual serves, except that, in the case of a volunteer 370
firefighter, such action or service constitutes fire duties, as defined in 371
subsection (b) of section 7-314b; 372
[(3)] (7) "Mental health professional" means a board-certified 373
psychiatrist or a psychologist licensed pursuant to chapter 383, who has 374
experience diagnosing and treating post-traumatic stress [disorder] 375
injury; 376 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
13 of 51
[(4)] (8) "Parole officer" means an employee of the Department of 377
Correction who supervises inmates in the community after their release 378
from prison on parole or under another prison release program; 379
[(5)] (9) "Police officer" has the same meaning as provided in section 380
7-294a, except that "police officer" does not include an officer of a law 381
enforcement unit of the Mashantucket Pequot Tribe or the Mohegan 382
Tribe of Indians of Connecticut; 383
[(6) "Post-traumatic stress disorder"] (10) "Post-traumatic stress 384
injury" means [a disorder] an injury that meets the diagnostic criteria for 385
post-traumatic stress disorder as specified in the most recent edition of 386
the American Psychiatric Association's "Diagnostic and Statistical 387
Manual of Mental Disorders"; [and] 388
[(7)] (11) "Qualifying event" means: [an] 389
(A) An event occurring in the line of duty on or after July 1, 2019, in 390
which a police officer, parole officer, [or] firefighter, emergency medical 391
services personnel, Department of Correction employee or 392
telecommunicator: 393
[(A)] (i) Views a deceased minor; 394
[(B)] (ii) Witnesses the death of a person or an incident involving the 395
death of a person; 396
[(C)] (iii) Witnesses an injury to a person who subsequently dies 397
before or upon admission at a hospital as a result of the injury and not 398
as a result of any other intervening cause; 399
[(D)] (iv) Has physical contact with and treats an injured person who 400
subsequently dies before or upon admission at a hospital as a result of 401
the injury and not as a result of any other intervening cause; 402
[(E)] (v) Carries an injured person who subsequently dies before or 403
upon admission at a hospital as a result of the injury and not as a result 404 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
14 of 51
of any other intervening cause; or 405
[(F)] (vi) Witnesses a traumatic physical injury that results in the loss 406
of a vital body part or a vital body function that results in permanent 407
disfigurement of the victim; [.] or 408
(B) An event arising out of and in the course of employment on or 409
after March 10, 2020, in which an eligible individual who is a health care 410
provider is engaged in activities substantially dedicated to mitigating or 411
responding to the public health and civil preparedness emergencies 412
declared by the Governor on March 10, 2020, or any extension of such 413
emergency declarations, and: 414
(i) Witnesses the death of a person due to COVID-19 or due to 415
symptoms that were later diagnosed as COVID-19; 416
(ii) Witnesses an injury to a person who subsequently dies as a result 417
of COVID-19 or due to symptoms that were later diagnosed as COVID-418
19; 419
(iii) Has physical contact with and treats or provides care for a person 420
who subsequently dies as a result of COVID-19 or due to symptoms that 421
were later diagnosed as COVID-19; or 422
(iv) Witnesses a traumatic physical injury that results in the loss of a 423
vital body function of a person due to COVID-19 or due to symptoms 424
that were later diagnosed as COVID-19; 425
(12) "Telecommunicator" has the same meaning as provided in 426
section 28-30; and 427
(13) "Witnesses" means, for an eligible individual who is a 428
telecommunicator, hears by telephone or radio. 429
(b) A diagnosis of post-traumatic stress [disorder] injury is 430
compensable as a personal injury as described in subparagraph 431
(B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, 432 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
15 of 51
if a mental health professional examines [a police officer, parole officer 433
or firefighter] the eligible individual and diagnoses the [officer or 434
firefighter] individual with a post-traumatic stress [disorder] injury as a 435
direct result of a qualifying event, provided (1) the post-traumatic stress 436
[disorder] injury resulted from [the officer or firefighter] (A) the eligible 437
individual acting in the line of duty if such individual is a police officer, 438
firefighter, emergency medical services personnel, Department of 439
Correction employee or telecommunicator and, in the case of a 440
firefighter, such firefighter complied with Federal Occupational Safety 441
and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 442
CFR 1910.156, or (B) the eligible individual acting the course of 443
employment if such individual is a health care provider, (2) a qualifying 444
event was a substantial factor in causing the [disorder, (3) such 445
qualifying event, and not another event or source of stress, was the 446
primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) 447
the post-traumatic stress [disorder] injury did not result from any 448
disciplinary action, work evaluation, job transfer, layoff, demotion, 449
promotion, termination, retirement or similar action of the [officer or 450
firefighter] eligible individual. Any such mental health professional 451
shall comply with any workers' compensation guidelines for approved 452
medical providers, including, but not limited to, guidelines on release 453
of past or contemporaneous medical records. 454
(c) Whenever liability to pay compensation is contested by the 455
employer, the employer shall file with the commissioner, on or before 456
the twenty-eighth day after the employer has received a written notice 457
of claim, a notice in accordance with a form prescribed by the 458
chairperson of the Workers' Compensation Commission stating that the 459
right to compensation is contested, the name of the claimant, the name 460
of the employer, the date of the alleged injury and the specific grounds 461
on which the right to compensation is contested. The employer shall 462
send a copy of the notice to the employee in accordance with section 31-463
321. If the employer or the employer's legal representative fails to file 464
the notice contesting liability on or before the twenty-eighth day after 465
receiving the written notice of claim, the employer shall commence 466 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
16 of 51
payment of compensation for such injury on or before the twenty-eighth 467
day after receiving the written notice of claim, but the employer may 468
contest the employee's right to receive compensation on any grounds or 469
the extent of the employee's disability within one hundred eighty days 470
from the receipt of the written notice of claim and any benefits paid 471
during the one hundred eighty days shall be considered payments 472
without prejudice, provided the employer shall not be required to 473
commence payment of compensation when the written notice of claim 474
has not been properly served in accordance with section 31-321 or when 475
the written notice of claim fails to include a warning that the employer 476
(1) if the employer has commenced payment for the alleged injury on or 477
before the twenty-eighth day after receiving a written notice of claim, 478
shall be precluded from contesting liability unless a notice contesting 479
liability is filed within one hundred eighty days from the receipt of the 480
written notice of claim, and (2) shall be conclusively presumed to have 481
accepted the compensability of the alleged injury unless the employer 482
either files a notice contesting liability on or before the twenty-eighth 483
day after receiving a written notice of claim or commences payment for 484
the alleged injury on or before such twenty-eighth day. An employer 485
shall be entitled, if the employer prevails, to reimbursement from the 486
claimant of any compensation paid by the employer on and after the 487
date the commissioner receives written notice from the employer or the 488
employer's legal representative, in accordance with the form prescribed 489
by the chairperson of the Workers' Compensation Commission, stating 490
that the right to compensation is contested. Notwithstanding the 491
provisions of this subsection, an employer who fails to contest liability 492
for an alleged injury on or before the twenty-eighth day after receiving 493
a written notice of claim and who fails to commence payment for the 494
alleged injury on or before such twenty-eighth day, shall be conclusively 495
presumed to have accepted the compensability of the alleged injury. If 496
an employer has opted to post an address of where notice of a claim for 497
compensation by an employee shall be sent, as described in subsection 498
(a) of section 31-294c, the twenty-eight-day period set forth in this 499
subsection shall begin on the date when such employer receives written 500
notice of a claim for compensation at such posted address. 501 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
17 of 51
(d) Notwithstanding any provision of this chapter, workers' 502
compensation benefits for any [police officer, parole officer or 503
firefighter] eligible individual for a personal injury described in 504
subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as 505
amended by this act, shall (1) include any combination of medical 506
treatment prescribed by a board-certified psychiatrist or a licensed 507
psychologist, temporary total incapacity benefits under section 31-307 508
and temporary partial incapacity benefits under subsection (a) of section 509
31-308, and (2) be provided for a maximum of fifty-two weeks from the 510
date of diagnosis. No medical treatment, temporary total incapacity 511
benefits under section 31-307 or temporary partial incapacity benefits 512
under subsection (a) of section 31-308 shall be awarded beyond four 513
years from the date of the qualifying event that formed the basis for the 514
personal injury. The weekly benefits received by an [officer or a 515
firefighter] eligible individual pursuant to section 31-307 or subsection 516
(a) of section 31-308, when combined with other benefits including, but 517
not limited to, contributory and noncontributory retirement benefits, 518
Social Security benefits, benefits under a long-term or short-term 519
disability plan, but not including payments for medical care, shall not 520
exceed the average weekly wage paid to such [officer or firefighter] 521
eligible individual. An [officer or firefighter] eligible individual 522
receiving benefits pursuant to this subsection shall not be entitled to 523
benefits pursuant to subsection (b) of section 31-308 or section 31-308a. 524
Sec. 7. (NEW) (Effective from passage) (a) As used in this section: 525
(1) "Compensation" means an employee's average weekly earnings 526
for the twelve-month period immediately preceding the date of the 527
employee's last day of active employment with an employer, including 528
wages or salary, payments to an employee while on vacation or on 529
leave, allocated or declared tip income, bonuses or commissions, 530
contributions or premiums paid by the employer for fringe benefits, 531
overtime or other premium payments, and allowances for expenses, 532
uniforms, travel or education; 533
(2) "COVID-19" means the respiratory disease designated by the 534 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
18 of 51
World Health Organization on February 11, 2020, as coronavirus 2019, 535
and any related mutation thereof recognized by the World Health 536
Organization as a communicable respiratory disease; 537
(3) "Customary seasonal work" means work performed by an 538
employee for approximately the same portion of each calendar year; 539
(4) "Employer" means any person, including a corporate officer or 540
executive, who directly or indirectly or through an agent or any other 541
person, including through the services of a temporary service or staffing 542
agency or similar entity, conducts an enterprise and employs or 543
exercises control over the wages, hours or working conditions of any 544
employee; 545
(5) "Employment site" means the principal physical place where a 546
laid-off employee performed the predominance of the employee's duties 547
prior to being laid off, or, in the case of a laid-off employee in 548
construction, transportation, building services or other industries where 549
work is performed at locations other than the employer's administrative 550
headquarters from which such assignments were made, any location 551
served by such headquarters; 552
(6) "Enterprise" means any income-producing economic activity 553
carried on in this state that employs five or more employees; 554
(7) "Laid-off employee" means any employee who was employed by 555
the employer for six months or more in the twelve months preceding 556
March 10, 2020, and whose most recent separation from active service 557
or whose failure to be scheduled for customary seasonal work by that 558
employer occurred after March 10, 2020, and before December 31, 2024, 559
and was due to government shutdown orders, lack of business, or a 560
reduction or furlough of the employer's workforce; and 561
(8) "Length of service" means the total of all periods of time during 562
which an employee has been in active service, including periods of time 563
when the employee was on leave or on vacation. 564 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
19 of 51
(b) Each employer shall send to each of its laid-off employees, in 565
writing to such employee's last-known physical address and electronic 566
mail address, and in a text message to such employee's mobile phone, 567
notice of all job positions that become available at the employer for 568
which the laid-off employee is qualified. A laid-off employee is qualified 569
for a position if the employee: (1) Held the same or similar position at 570
the enterprise at the time of the employee's most recent separation from 571
active service with the employer; or (2) is or can be qualified for the 572
position with the same training that would be provided to a new 573
employee hired for such position. The employer shall offer such 574
positions to laid-off employees in the order of preference set forth under 575
subdivisions (1) and (2) of this subsection. Where more than one 576
employee is entitled to preference for a position, the employer shall offer 577
the position to the employee with the greatest length of service at the 578
employment site. An employer may make offers of employment for a 579
position to more than one laid-off employee with the final offer of 580
employment for such position conditioned upon the order of preference 581
described in this subsection. 582
(c) An offer of employment to a laid-off employee pursuant to this 583
section shall be in the same classification or job title at substantially the 584
same employment site, subject to relocation as provided in subdivision 585
(4) of subsection (g) of this section, and with substantially the same 586
duties, compensation, benefits and working conditions as applied to the 587
laid-off employee immediately prior to March 10, 2020. 588
(d) Any laid-off employee who is offered a position pursuant to this 589
section shall be given not less than ten days in which to accept or decline 590
the offer. A laid-off employee who declines an offer due to his or her 591
age, underlying health conditions of himself or herself or of a family 592
member or other person living in his or her household shall retain his 593
or her right to accept the position and shall retain all other rights under 594
this section until both (1) the expiration of the public health and civil 595
preparedness emergencies declared by the Governor on March 10, 2020, 596
and any extension of such emergency declarations, and (2) the laid-off 597 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
20 of 51
employee is reoffered the position. 598
(e) Each employer that declines to rehire a laid-off employee on the 599
grounds of lack of qualifications and instead hires a person other than a 600
laid-off employee shall provide to the laid-off employee a written notice 601
not later than thirty days after the date such other person is hired. Such 602
notice shall identify the person hired in lieu of rehiring the laid-off 603
employee, the reasons for such decision and all demographic data the 604
employer has regarding such new hire and the laid-off employee who 605
was not rehired. 606
(f) Laid-off employees rehired pursuant to this section shall be 607
permitted to work for not less than thirty work days, unless there is just 608
cause for the employee's termination. 609
(g) The requirements of this section shall apply under any of the 610
following circumstances: 611
(1) The ownership of the employer changed after a laid-off employee 612
was laid off, but the enterprise continues to conduct the same or similar 613
operations it did prior to March 10, 2020; 614
(2) The form of organization of the employer changed after March 10, 615
2020; 616
(3) Substantially all of the assets of the employer were acquired by 617
another entity that conducts the same or similar operations using 618
substantially the same assets; or 619
(4) The employer relocates the operations at which a laid-off 620
employee was employed prior to March 10, 2020, to a different 621
employment site not greater than twenty-five miles away from the 622
original employment site. 623
(h) No employer shall terminate, refuse to reemploy, reduce 624
compensation or otherwise take any adverse action against any person 625
seeking to enforce his or her rights under this section or for participating 626 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
21 of 51
in proceedings related to this section, opposing the violation of any 627
provision of this section or otherwise asserting rights under this section. 628
(i) An employer that terminates, refuses to reemploy or takes any 629
other adverse action against any laid-off employee shall provide to the 630
employee, at or before the time of the termination, refusal to reemploy 631
or other adverse action, a detailed written statement of the reason or 632
reasons for the termination, refusal to reemploy or other adverse action, 633
including all the facts substantiating the reason or reasons and all facts 634
known to the employer that contradict the substantiating facts. 635
(j) (1) A laid-off employee aggrieved by a violation of any provision 636
of this section may bring a civil in the Superior Court or may designate 637
an agent or representative to maintain the action on behalf of the 638
employee. 639
(2) If the court finds that the employer has violated any provision of 640
this section, the court may enjoin the employer from engaging in such 641
violation and may order such affirmative action as the court deems 642
appropriate, including, but not limited to, the reinstatement or rehiring 643
of the laid-off employee, with or without back pay and fringe benefits, 644
or other equitable relief as the court deems appropriate. Interim 645
earnings or amounts earnable with reasonable diligence by the laid-off 646
employee who was subjected to the violation shall be deducted from the 647
back pay permitted under this subdivision and any reasonable amounts 648
expended by the laid-off employee in searching for, obtaining or 649
relocating to new employment shall be deducted from the interim 650
earnings before such earnings are deducted from such back pay. The 651
court may order (A) compensatory and punitive damages if the court 652
finds that the employer committed the violation with malice or with 653
reckless indifference to the provisions of this section, and (B) treble 654
damages if the court finds that the employer terminated the laid-off 655
employee in violation of the provisions of subsection (h) of this section. 656
Any laid-off employee who prevails in a civil action shall be awarded 657
reasonable attorney's fees and costs to be taxed by the court. 658 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
22 of 51
(k) The provisions of this section shall apply to each laid-off 659
employee, whether or not such laid-off employee is represented for 660
purposes of collective bargaining or is covered by a collective 661
bargaining agreement, and may be waived in a bona fide collective 662
bargaining agreement but only if the waiver is explicitly set forth in the 663
agreement in clear and unambiguous terms. Unilateral implementation 664
of terms and conditions of employment by either party to a collective 665
bargaining relationship shall not constitute or be permitted as a waiver 666
of all or any part of the provisions of this section. Nothing in this section 667
shall be construed to invalidate or limit the rights, remedies and 668
procedures of any contract or agreement that provides equal or greater 669
protection for laid-off employees than provided by this section and it 670
shall not be a violation of this section for an employer to follow an order 671
of preference for rehiring laid-off employees required by a collective 672
bargaining agreement that is different from the order of preference 673
required by this section. 674
Sec. 8. (NEW) (Effective from passage) (a) As used in this section and 675
section 9 of this act, "personal protective equipment" means specialized 676
clothing or equipment worn by an employee for protection against 677
infectious disease and materials, including, but not limited to, protective 678
equipment for the eyes, face, head and extremities, protective clothing 679
and protective shields and barriers. 680
(b) Not later than six months after the end of the public health and 681
civil preparedness emergencies declared by the Governor on March 10, 682
2020, or the effective date of this section, whichever is later, the 683
Commissioner of Public Health, in consultation with the Department of 684
Administrative Services and the Division of Emergency Management 685
and Homeland Security, shall award a contract or contracts for the 686
procurement of personal protective equipment to create two stockpiles 687
of such equipment pursuant to this section. The commissioner may 688
make awards to multiple bidders and shall, to the maximum extent 689
feasible, pay for the personal protective equipment with federal public 690
health emergency funds. Each stockpile shall be gradually filled to a 691 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
23 of 51
capacity determined by the commissioner, provided at least one third of 692
the capacity of the stockpile shall be filled each year until capacity is 693
met. If personal protective equipment from a stockpile is used, the 694
stockpile shall be refilled in a manner similar to how the initial stockpile 695
was filled. 696
(c) One stockpile shall consist of personal protective equipment 697
approved for use by a federal agency and one stockpile shall consist of 698
personal protective equipment approved for use by the Department of 699
Public Health, in consultation with the Department of Administrative 700
Services and the Division of Emergency Management and Homeland 701
Security. Fifty per cent of the personal protective equipment in each 702
stockpile shall, to the maximum extent feasible, be manufactured in this 703
state, and thirty per cent of the personal protective equipment in each 704
stockpile shall, to the maximum extent feasible, be manufactured in the 705
United States. 706
(d) (1) During a declaration of a public health emergency, the 707
Commissioner of Public Health shall make personal protective 708
equipment in such stockpiles available without charge to state agencies, 709
political subdivisions of the state, nursing homes, hospitals, nonprofit 710
organizations and public schools. If the commissioner determines, after 711
making such personal protective equipment available, that there is an 712
excess supply of personal protective equipment, the commissioner shall 713
make such excess supply available for purchase by other private entities 714
at fair market value. The commissioner shall establish orders of priority 715
for the entities that may gain access to the state's personal protective 716
equipment stockpiles. 717
(2) When any personal protective equipment in a stockpile is within 718
one year of its expiration date, the commissioner shall make such 719
personal protective equipment available for sale at no more than fair 720
market value to the following entities, in order of priority: (A) Private 721
nursing homes in this state, (B) federally qualified healthcare centers in 722
this state, (C) hospitals, (D) nonprofit hospitals and entities that provide 723
direct medical care in this state, (E) public school districts in this state, 724 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
24 of 51
and (F) private schools and nonpublic charter schools in this state. To 725
the extent feasible, expired personal protective equipment shall be 726
disposed of in an environmentally sound manner. 727
(e) The Division of Emergency Management and Homeland Security, 728
in consultation with the Department of Public Health and the 729
Department of Administrative Services, shall submit a report annually 730
to the Governor and the General Assembly, in accordance with the 731
provisions of section 11-4a of the general statutes, on the status of the 732
stockpiles. The report shall include data on the price paid by the state 733
for the personal protective equipment and data on any personal 734
protective equipment sold by the state. The reports shall be made 735
available to the public on the Internet web site of the Division of 736
Emergency Management and Homeland Security. 737
Sec. 9. (NEW) (Effective from passage) The Division of Emergency 738
Management and Homeland Security, in consultation with the 739
Department of Public Health, shall establish a process to evaluate, 740
distribute and approve personal protective equipment for use during 741
public health emergencies. The process shall be designed to assist the 742
production of personal protective equipment by businesses not 743
otherwise engaged in the production of such equipment and not 744
approved by a federal agency to produce such equipment, and shall 745
prioritize businesses that manufacture personal protective equipment in 746
this state. The process shall require the Department of Administrative 747
Services to assist the Division of Emergency Management and 748
Homeland Security and the Department of Public Health in the review 749
of such businesses to ensure such businesses are legitimate and do not 750
have any unresolved safety or health citations. 751
Sec. 10. (NEW) (Effective from passage) (a) As used in this section: 752
(1) "Department" means the Department of Public Health; 753
(2) "Health care provider" has the same meaning as provided in 754
section 19a-17b of the general statutes, except that "health care provider" 755 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
25 of 51
does not include an independent medical practice that is owned and 756
operated, or maintained as a clinic or office, by one or more licensed 757
physicians and used as an office for the practice of their profession, 758
within the scope of their license, regardless of the name used publicly to 759
identify the place or establishment unless the medical practice is 760
operated or maintained exclusively as part of an integrated health 761
system or health facility; 762
(3) "Long-term care provider" means a home health care agency, 763
home health aide agency, behavioral health facility, alcohol or drug 764
treatment facility, assisted living services agency or nursing home, each 765
as defined in section 19a-490 of the general statutes; 766
(4) "Covered provider" means a health care provider or long-term 767
care provider; 768
(5) "Health care worker" means an individual employed by a health 769
care provider; 770
(6) "Long-term care worker" means an individual employed by a 771
long-term care provider; and 772
(7) "Personal protective equipment" or "PPE" means specialized 773
clothing or equipment worn by an employee for protection against 774
infectious disease and materials, including, but not limited to, protective 775
equipment for the eyes, face, head and extremities, protective clothing 776
and protective shields and barriers. 777
(b) On and after January 1, 2023, or one year after regulations are 778
adopted pursuant to subsection (g) of this section, whichever is later, 779
each covered provider shall maintain an unexpired inventory of PPE 780
deemed sufficient by the Commissioner of Public Health for ninety days 781
of surge consumption in the event of a state of emergency declaration 782
by the Governor, or a local emergency for a pandemic or other health 783
emergency. Personal protective equipment in the inventory shall be new 784
and not previously worn or used. Each covered provider shall provide 785
an inventory of its PPE to the department upon request from the 786 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
26 of 51
department. Except as provided in subsections (d) and (e) of this section, 787
a covered provider that violates this subsection shall be subject to a civil 788
penalty in the amount of twenty-five thousand dollars. 789
(c) If a covered provider provides services in a facility or other setting 790
controlled or owned by another covered provider that is obligated to 791
maintain a PPE inventory pursuant to this section, the covered provider 792
that controls or owns the facility or other setting shall be required to 793
maintain the required PPE for the covered provider providing services 794
in such facility or setting. 795
(d) Any covered provider may apply to the department, in writing, 796
for a waiver of some or all of the PPE inventory requirements described 797
in subsection (b) of this section. The department may approve the 798
waiver if the covered provider has twenty-five or fewer employees and 799
the covered provider agrees to close in-person operations during any 800
public health emergency in which increased use of PPE is recommended 801
by the department until sufficient PPE becomes available to the covered 802
provider to return to in-person operations. 803
(e) (1) The department may exempt a covered provider from the civil 804
penalty under subsection (b) of this section if the department 805
determines that supply chain limitations make meeting the required 806
supply level infeasible, and (A) a covered provider has made a 807
reasonable attempt, as determined by the department, to obtain PPE, or 808
(B) the covered provider shows that meeting the required supply level 809
is not possible due to issues beyond the covered provider's control, such 810
as the covered provider ordered the PPE but such order was not fulfilled 811
by the manufacturer or distributor or the PPE was damaged in transit 812
or stolen. 813
(2) A covered provider shall not be assessed a civil penalty under 814
subsection (b) of this section if the covered provider's PPE inventory 815
falls below the required supply level as a result of the covered provider's 816
distribution of PPE to its health care workers or long-term care workers, 817
or to another covered provider's workers, during a state of emergency 818 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
27 of 51
declared by the Governor or a declared local emergency for a pandemic 819
or other health emergency, provided the covered provider replenishes 820
its inventory to the required supply level not later than thirty days after 821
the date the inventory falls below the required supply level if the 822
department has determined there is not a supply limitation. 823
(f) A covered provider shall supply PPE to its health care workers and 824
long-term care workers and require that such workers use the PPE. 825
(g) The department shall adopt regulations, in accordance with 826
chapter 54 of the general statutes, to carry out the provisions of this 827
section. Such regulations shall (1) establish requirements for the surge 828
capacity levels described in subsection (b) of this section, including, but 829
not limited to, the types and amount of PPE to be maintained by the 830
covered provider based on the type and size of each covered provider, 831
as well as the composition of health care workers and long-term care 832
workers in its workforce, and (2) not establish policies or standards that 833
are less protective or prescriptive than any federal, state or local law on 834
PPE standards. 835
Sec. 11. (NEW) (Effective from passage) (a) Each acute care hospital and 836
nursing home shall collect data on COVID-19 in a form and format 837
prescribed by the Commissioner of Public Health (1) each day during 838
the time period of the public health and civil preparedness emergencies 839
declared by the Governor on March 10, 2020, or any extension of such 840
time periods, and (2) monthly after the expiration of such time periods. 841
The COVID-19 data shall be based on nationally recognized and 842
recommended standards and shall include, but need not be limited to 843
for each such hospital and nursing home: (A) Current inpatient data of 844
COVID-19 cases, hospitalizations and deaths, (B) the number of 845
employees exposed to COVID-19 and exhibiting symptoms of COVID-846
19 who were tested for COVID-19, (C) the number of asymptomatic 847
employees tested for COVID-19, (D) the number of COVID-19 vaccines 848
administered, (E) census data of beds and ventilators, and (F) an 849
inventory of personal protective equipment, including the quantity in 850
possession and the utilization rate. 851 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
28 of 51
(b) Each acute care hospital and nursing home shall post such data to 852
such hospital's and nursing home's Internet web site each day during 853
the time period of the public health and civil preparedness emergencies 854
declared by the Governor on March 10, 2020, or any extension of such 855
time periods, and quarterly after such time period has expired. For 856
purposes of this section, "COVID-19" means the respiratory disease 857
designated by the World Health Organization on February 11, 2020, as 858
coronavirus 2019, and any related mutation thereof recognized by the 859
World Health Organization as a communicable respiratory disease. 860
Sec. 12. (NEW) (Effective from passage) As used in this section and 861
sections 13 to 16, inclusive, of this act: 862
(1) "Covered week" means any week within the eligible time period 863
in which a covered employee was required to perform work for an 864
employer at the job site or away from the covered employee's home; 865
(2) "COVID-19" means the respiratory disease designated by the 866
World Health Organization on February 11, 2020, as coronavirus 2019, 867
and any related mutation thereof recognized by the World Health 868
Organization as a communicable respiratory disease; 869
(3) "Eligible time period" means the period beginning March 20, 2020, 870
and ending April 30, 2021; 871
(4) "Essential employee" means any person employed in a category 872
recommended by the Centers for Disease Control and Prevention's 873
Advisory Committee on Immunization Practices as of February 20, 2021, 874
to receive a COVID-19 vaccination in phase 1b of the COVID-19 875
vaccination program; 876
(5) "Covered employee" means any essential employee or specialized 877
risk employee; 878
(6) "Employer" means the employer of a covered employee and 879
includes consumers, as defined in section 17b-706 of the general statutes; 880 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
29 of 51
(7) "First responder" means any (A) peace officer, as defined in section 881
53a-3 of the general statutes, (B) firefighter, as defined in section 7-313g 882
of the general statutes, (C) person employed as a firefighter by a private 883
employer, (D) ambulance driver, emergency medical responder, 884
emergency medical technician, advanced emergency medical technician 885
or paramedic, each as defined in section 19a-175 of the general statutes, 886
or (E) telecommunicator, as defined in section 28-30 of the general 887
statutes; and 888
(8) "Specialized risk employee" means any (A) person employed in a 889
category recommended by the Centers for Disease Control and 890
Prevention's Advisory Committee on Immunization Practices as of 891
February 20, 2021, to receive a COVID-19 vaccination in phase 1a of the 892
COVD-19 vaccination program, (B) first responder, (C) employee 893
required to work in congregate settings or with persons infected with 894
COVID-19, or (D) personal care attendant, as defined in section 17b-706 895
of the general statutes. 896
Sec. 13. (NEW) (Effective from passage) (a) There is established within 897
the Department of Social Services the Essential Employees Pandemic 898
Pay Grant Program to administer and award grants to employers whose 899
covered employees were engaged in activities substantially dedicated to 900
mitigating or responding to the public health and civil preparedness 901
emergencies declared by the Governor on March 10, 2020, during the 902
eligible period. Not less than fifteen per cent of unrestricted funds 903
received by the state from January 1, 2021, to July 1, 2021, inclusive, for 904
purposes of COVID-19 relief shall be appropriated to fund grants under 905
the program. 906
(b) Not later than July 1, 2021, or sixty days after the Commissioner 907
of Social Services certifies that the program is established and available, 908
whichever is later, each employer shall apply to the department for a 909
grant under the program in an amount sufficient to make payments of 910
additional compensation to covered employees pursuant to subdivision 911
(1) of subsection (a) of section 14 of this act. The department shall issue 912
such grants requested on the grant application not later than thirty days 913 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
30 of 51
after the date grant applications are due, provided if the amount 914
appropriated to the program under subsection (a) of this section is 915
insufficient to fund the full amount of such grants, the department shall 916
prorate each grant by such amount as is necessary to issue a grant 917
payment to each employer who submitted an application. 918
Sec. 14. (NEW) (Effective from passage) (a) Each employer that receives 919
a grant under section 13 of this act shall pay each of its covered 920
employees additional compensation for each hour worked by such 921
covered employee during a covered week. Such compensation shall be 922
in addition to all other compensation, including wages, remuneration or 923
other pay and benefits the covered employee otherwise receives from 924
the employer, and shall be paid in an amount (1) equal to five dollars 925
per hour worked for essential employees and ten dollars per hour 926
worked for specialized risk employees if the employer received a grant 927
in the full amount for which the employer applied, or (2) prorated as 928
necessary to distribute the grant funds to each covered employee if the 929
employer received a grant in an amount less than the amount for which 930
the employer applied. No employer may deny such compensation 931
based upon the quality or type of work the covered employee 932
performed during such covered week. 933
(b) Such compensation shall be provided to the covered employee as 934
a lump sum payment in the first regularly scheduled payment of wages 935
after the employer's receipt of the grant. In any case where the employer 936
is unable to arrange for payment of the amount due to the covered 937
employee in the first regularly scheduled payment of wages, such 938
amounts shall be paid as soon as practicable, but not later than the 939
second regularly scheduled payment of wages after the employer's 940
receipt of the grant. Such compensation shall be clearly demarcated as a 941
separate line item in each paystub or other document provided to a 942
covered employee that details the remuneration the covered employee 943
received from the employer for a particular period of time. If any 944
covered employee does not otherwise regularly receive any such 945
paystub or other document from the employer, the employer shall 946 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
31 of 51
provide such paystub or other document to the covered employee for 947
the duration of the period in which the employer provides additional 948
compensation under subsection (a) of this section. 949
(c) (1) Any employer receiving a grant pursuant to section 13 of this 950
act or providing additional compensation to a covered employee under 951
this section shall not reduce or in any way diminish the compensation, 952
including the wages, remuneration or other pay or employment benefits 953
of a covered employee from March 20, 2020, to June 30, 2021, inclusive, 954
from the level provided to the covered employee on the date before the 955
effective date of this act. 956
(2) An employer shall not take any action to displace a covered 957
employee or partially displace a covered employee by reducing hours, 958
wages or employment benefits for the purposes of hiring an individual 959
for an equivalent position at a rate of compensation that is less than 960
required to be provided to a covered employee under subdivision (1) of 961
this subsection. 962
(d) The additional compensation provided pursuant to subsection (a) 963
of this section shall be excluded from the amount of remuneration for 964
work paid to the covered employee for purposes of (1) calculating the 965
employee's eligibility for any wage-based benefits offered by the 966
employer, or (2) computing the regular rate at which such covered 967
employee is employed under any provision of the general statutes 968
providing for minimum wages, overtime pay or any other wage-based 969
employment standard or benefit. 970
(e) If a covered employee entitled to additional compensation under 971
this section dies prior to such compensation, the employer shall pay 972
such additional compensation to the next of kin of the covered employee 973
as a lump sum payment. 974
Sec. 15. (NEW) (Effective from passage) (a) Any employer who fails to 975
apply for a grant pursuant to section 13 of this act and any employer 976
who receives a grant and fails to make a payment of additional 977 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
32 of 51
compensation or otherwise causes an employee to incur a loss as a result 978
of a violation of any provision of section 14 of this act, shall be subject to 979
the provisions of sections 31-68 and 31-71g of the general statutes, as 980
amended by this act, for failure to make wage payments. 981
(b) Any employer who takes any action against an employee for 982
invoking any right created by section 14 of this act shall be subject to the 983
provisions of sections 31-69 and 31-69a of the general statutes, as 984
amended by this act. 985
Sec. 16. (NEW) (Effective from passage) All actions required under 986
section 14 of this act of consumers, as defined in section 17b-706 of the 987
general statutes, shall be undertaken by fiscal intermediaries who shall 988
be solely responsible for any penalties otherwise applicable to such 989
consumers under this section, section 15 of this act and sections 31-68, 990
31-69, 31-69a and 31-71g of the general statutes, as amended by this act. 991
The Department of Social Services and the Department of 992
Developmental Services may apply to the Essential Employees 993
Pandemic Pay Grant Program for such funds as shall be reasonably 994
required to compensate fiscal intermediaries for compliance with 995
sections 12 to 16, inclusive, of this act. 996
Sec. 17. Section 31-71g of the general statutes is repealed and the 997
following is substituted in lieu thereof (Effective October 1, 2021): 998
Any employer or any officer or agent of an employer or any other 999
person authorized by an employer to pay wages who violates any 1000
provision of this part or intentionally violates any provision of 1001
subsection (a) of section 14 of this act: (1) Shall be guilty of a class D 1002
felony, except that such employer, officer or agent shall be fined not less 1003
than two thousand nor more than five thousand dollars for each offense 1004
if the total amount of all unpaid wages owed to an employee is more 1005
than two thousand dollars; (2) may be fined not less than one thousand 1006
nor more than two thousand dollars or imprisoned not more than one 1007
year, or both, for each offense if the total amount of all unpaid wages 1008
owed to an employee is more than one thousand dollars but not more 1009 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
33 of 51
than two thousand dollars; (3) may be fined not less than five hundred 1010
nor more than one thousand dollars or imprisoned not more than six 1011
months, or both, for each offense if the total amount of all unpaid wages 1012
owed to an employee is more than five hundred but not more than one 1013
thousand dollars; or (4) may be fined not less than two hundred nor 1014
more than five hundred dollars or imprisoned not more than three 1015
months, or both, for each offense if the total amount of all unpaid wages 1016
owed to an employee is five hundred dollars or less. 1017
Sec. 18. Subsection (a) of section 31-69 of the general statutes is 1018
repealed and the following is substituted in lieu thereof (Effective October 1019
1, 2021): 1020
(a) Any employer or his agent, or the officer or agent of any 1021
corporation, who discharges or in any other manner discriminates 1022
against any employee because such employee has testified or is about to 1023
testify in any investigation or proceeding under or related to this part or 1024
section 14 of this act, or because such employer believes that such 1025
employee may testify in any investigation or proceeding under this part, 1026
shall be fined not less than one hundred dollars nor more than four 1027
hundred dollars. 1028
Sec. 19. Section 31-69a of the general statutes is repealed and the 1029
following is substituted in lieu thereof (Effective October 1, 2021): 1030
(a) In addition to the penalties provided in this chapter and chapter 1031
568, any employer, officer, agent or other person who violates any 1032
provision of this chapter, chapter 557 or subsection (g) of section 31-288, 1033
or who intentionally violates any provision of section 14 of this act, shall 1034
be liable to the Labor Department for a civil penalty of three hundred 1035
dollars for each such violation, [of said chapters and for each violation 1036
of subsection (g) of section 31-288,] except that (1) any person who 1037
violates (A) a stop work order issued pursuant to subsection (c) of 1038
section 31-76a shall be liable to the Labor Department for a civil penalty 1039
of one thousand dollars and each day of such violation shall constitute 1040
a separate offense, and (B) any provision of section 31-12, 31-13 or 31-14, 1041 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
34 of 51
subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be 1042
liable to the Labor Department for a civil penalty of six hundred dollars 1043
for each violation of said sections, and (2) a violation of subsection (g) of 1044
section 31-288 shall constitute a separate offense for each day of such 1045
violation. 1046
(b) Any employer, officer, agent or other person who violates any 1047
provision of chapter 563a may be liable to the Labor Department for a 1048
civil penalty of not greater than five hundred dollars for the first 1049
violation of chapter 563a related to an individual employee or former 1050
employee, and for each subsequent violation of said chapter related to 1051
such individual employee or former employee, may be liable to the 1052
Labor Department for a civil penalty of not greater than one thousand 1053
dollars. In setting a civil penalty for any violation in a particular case, 1054
the Labor Commissioner shall consider all factors which the 1055
commissioner deems relevant, including, but not limited to, (1) the level 1056
of assessment necessary to insure immediate and continued compliance 1057
with the provisions of chapter 563a; (2) the character and degree of 1058
impact of the violation; and (3) any prior violations of such employer of 1059
chapter 563a. 1060
(c) The Attorney General, upon complaint of the Labor 1061
Commissioner, shall institute civil actions to recover the penalties 1062
provided for under subsections (a) and (b) of this section. Any amount 1063
recovered shall be deposited in the General Fund and credited to a 1064
separate nonlapsing appropriation to the Labor Department, for other 1065
current expenses, and may be used by the Labor Department to enforce 1066
the provisions of chapter 557, chapter 563a, this chapter, [and] 1067
subsection (g) of section 31-288 and section 14 of this act, and to 1068
implement the provisions of section 31-4. 1069
Sec. 20. (NEW) (Effective from passage) As used in this section and 1070
sections 21 to 25, inclusive, of this act: 1071
(1) "Child" means a biological, adopted or foster child, stepchild, or 1072
legal ward, of an employee, or a child of a person standing in loco 1073 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
35 of 51
parentis to an employee, or an individual to whom the employee stood 1074
in loco parentis when the individual was a minor child; 1075
(2) "COVID-19" means the respiratory disease designated by the 1076
World Health Organization on February 11, 2020, as coronavirus 2019, 1077
and any related mutation thereof recognized by the World Health 1078
Organization as a communicable respiratory disease; 1079
(3) "Employee" means an individual engaged in service to an 1080
employer in the business of the employer; 1081
(4) "Employer" means any person, firm, business, educational 1082
institution, nonprofit organization, corporation, limited liability 1083
company or other entity, except that the Personal Care Attendant 1084
Workforce Council established under section 17b-706a of the general 1085
statutes shall act on behalf of the employer of all personal care 1086
attendants, as defined in section 17b-706 of the general statutes. 1087
"Employer" does not include the federal government; 1088
(5) "Family member" means (A) the employee's spouse, as defined in 1089
section 31-51kk of the general statutes, child, parent, grandparent, 1090
grandchild or sibling, whether related to the employee by blood, 1091
marriage, adoption or foster care, or (B) an individual related to the 1092
employee by blood or affinity whose close association with the 1093
employee is the equivalent of those family relationships; 1094
(6) "Parent" means a biological parent, foster parent, adoptive parent, 1095
stepparent, parent-in-law of the employee or legal guardian of an 1096
employee or an employee's spouse, an individual standing in loco 1097
parentis to an employee, or an individual who stood in loco parentis to 1098
the employee when the employee was a minor child; and 1099
(7) "Retaliatory personnel action" means any termination, 1100
suspension, constructive discharge, demotion, unfavorable 1101
reassignment, refusal to promote, reduction of hours, disciplinary 1102
action or other adverse employment action taken by an employer 1103
against an employee. 1104 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
36 of 51
Sec. 21. (NEW) (Effective from passage) (a) (1) Each employer shall 1105
provide to each of its employees COVID-19 sick leave in addition to any 1106
paid sick leave provided by the employer pursuant to section 31-57s of 1107
the general statutes, as amended by this act. The COVID-19 sick leave 1108
shall be (A) in the amount of eighty hours for each employee who 1109
regularly works forty or more hours per week, or (B) equal to the 1110
amount of hours the employee is regularly scheduled to work or works 1111
in a two-week period, whichever is greater, for each employee who 1112
regularly works less than forty hours per week. 1113
(2) An employee exempt from overtime requirements under 29 USC 1114
213(a)(1), as amended from time to time, shall be assumed to work forty 1115
hours per week for purposes of calculating COVID-19 sick leave, unless 1116
such employee regularly works less than forty hours per week, in which 1117
case the COVID-19 sick leave shall be provided based upon the number 1118
of hours regularly worked per week. An employee who regularly works 1119
less than forty hours per week, but whose number of work hours varies 1120
from week to week, shall be provided COVID-19 sick leave using the 1121
average number of hours per week the employee was scheduled to work 1122
in the six-month period immediately preceding the date on which the 1123
employee utilizes COVID-19 sick leave, including the hours of any leave 1124
taken by the employee, except that if the employee did not work over 1125
such period, the average shall be the reasonable expectation of the 1126
employee, at the time the employee was hired, of the average number 1127
of hours per week the employee would be regularly scheduled to work. 1128
(b) COVID-19 sick leave shall be provided one time to each employee 1129
and shall be immediately available for use for any of the purposes 1130
described in subsection (c) of this section beginning on the effective date 1131
of this section, regardless of how long such employee has been 1132
employed by the employer. An employee shall be entitled to use 1133
COVID-19 sick leave retroactively starting on March 10, 2020, until four 1134
weeks after the expiration of the public health and civil preparedness 1135
emergencies declared by the Governor on March 10, 2020, or any 1136
extension of such declarations. 1137 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
37 of 51
(c) An employee shall be entitled to take COVID-19 sick leave when 1138
the employee is unable to perform the functions of the job of such 1139
employee, including through telework, due to any of the following 1140
reasons related to COVID-19: 1141
(1) The employee's need to: (A) Self-isolate and care for oneself 1142
because the employee has been diagnosed with COVID -19 or is 1143
experiencing symptoms of COVID-19; (B) seek preventive care 1144
concerning COVID-19; or (C) seek or obtain medical diagnosis, care or 1145
treatment if experiencing symptoms of COVID-19; 1146
(2) The employee's need to comply with an order or determination to 1147
self-isolate, on the basis that the employee's physical presence on the job 1148
or in the community would jeopardize the employee's health, the health 1149
of other employees or the health of an individual in the employee's 1150
household because of: (A) Possible exposure to COVID-19; or (B) the 1151
exhibition of symptoms of COVID-19, regardless of whether the 1152
employee has been diagnosed with COVID-19; 1153
(3) The employee's need to care for a family member who is: (A) Self-1154
isolating, seeking preventive care or seeking or obtaining medical 1155
diagnosis, care or treatment for the purposes described in subdivision 1156
(1) of this subsection; or (B) self-isolating due to an order or 1157
determination as described in subdivision (2) of this subsection; 1158
(4) The employee's inability to work or telework because the 1159
employee is: (A) Prohibited from working by the employer due to health 1160
concerns related to the potential transmission of COVID-19; or (B) 1161
subject to an individual or general local, state or federal quarantine or 1162
isolation order, including a shelter-in-place or stay-at-home order, 1163
related to COVID-19; 1164
(5) The employee's need to care for a family member when the care 1165
provider of such family member is unavailable due to COVID-19 or if 1166
the family member's school or place of care has been closed by a local, 1167
state or federal public official or at the discretion of the school or place 1168 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
38 of 51
of care, due to COVID-19, including if a school or place of care: (A) Is 1169
physically closed but providing virtual learning instruction; (B) requires 1170
or makes optional virtual learning instruction; or (C) requires or makes 1171
available a hybrid of in-person and virtual learning instruction models; 1172
or 1173
(6) The employee's inability to work because the employee has a 1174
health condition that may increase susceptibility to or risk of COVID-19, 1175
including, but not limited to, age, heart disease, asthma, lung disease, 1176
diabetes, kidney disease or a weakened immune system. 1177
(d) An order or determination pursuant to subdivision (2) of 1178
subsection (c) of this section or subparagraph (B) of subdivision (3) of 1179
subsection (c) of this section shall be made by a local, state or federal 1180
public official, a health authority having jurisdiction, a health care 1181
provider or the employer of the employee or the employee's family 1182
member. Such order or determination need not be specific to such 1183
employee or family member. 1184
(e) Each employer shall pay each employee for COVID-19 sick leave 1185
at a pay rate equal to the greater of (1) the normal hourly wage for that 1186
employee, or (2) the minimum fair wage rate under section 31-58 of the 1187
general statutes in effect for the pay period during which the employee 1188
used COVID-19 sick leave. For any employee whose hourly wage varies 1189
depending on the work performed by the employee, "normal hourly 1190
wage" means the average hourly wage of the employee in the pay period 1191
prior to the one in which the employee uses COVID-19 sick leave. 1192
(f) The employee shall provide advance notice to the employer of the 1193
need for COVID-19 sick leave as soon as practicable only when the need 1194
for COVID-19 sick leave is foreseeable and the employer's place of 1195
business has not been closed. 1196
(g) Notwithstanding any provision of sections 20 to 25, inclusive, of 1197
this act, no documentation from an employee shall be required by an 1198
employer for COVID-19 sick leave. 1199 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
39 of 51
(h) If an employee is transferred to a separate division, entity or 1200
location, but remains employed by the same employer, the employee 1201
shall retain and be entitled to use all COVID-19 sick leave the employee 1202
accrued or received in accordance with the provisions of sections 20 to 1203
25, inclusive, of this act, at the prior division, entity or location. If a 1204
different employer succeeds or takes the place of an existing employer, 1205
each employee of the original employer who remains employed by the 1206
successor employer shall retain and be entitled to use all COVID-19 sick 1207
leave the employee accrued or received in accordance with the 1208
provisions of sections 20 to 25, inclusive, of this act, while employed by 1209
the original employer. 1210
(i) An employer shall not require, as a condition of an employee's 1211
taking COVID-19 sick leave, that the employee search for or find a 1212
replacement worker to cover the hours during which the employee is 1213
using COVID-19 sick leave. 1214
Sec. 22. (NEW) (Effective from passage) (a) Nothing in sections 20 to 25, 1215
inclusive, of this act shall be construed to: (1) Discourage or prohibit an 1216
employer from the adoption or retention of a COVID-19 sick leave, paid 1217
sick leave or other paid leave policy more generous than the one 1218
required pursuant to section 21 of this act, including providing more 1219
leave than required under said section; (2) diminish any rights provided 1220
to any employee under a collective bargaining agreement; or (3) prohibit 1221
an employer from establishing a policy whereby an employee may 1222
donate unused COVID-19 sick leave to another employee. 1223
(b) An employee may first use the COVID-19 sick leave provided 1224
under section 21 of this act prior to using sick leave under section 31-57t 1225
of the general statutes, as amended by this act. An employer may not 1226
require an employee to use other paid leave provided by the employer 1227
to the employee before the employee uses the COVID-19 sick leave. 1228
Sec. 23. (NEW) (Effective from passage) (a) It shall be unlawful for an 1229
employer or any other person to interfere with, restrain or deny the 1230
exercise of, or the attempt to exercise, any right protected under sections 1231 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
40 of 51
20 to 25, inclusive, of this act. No employer shall take retaliatory 1232
personnel action or discriminate against an employee because the 1233
employee (1) requests or uses COVID-19 sick leave in accordance with 1234
the provisions of sections 20 to 25, inclusive, of this act, or (2) files a 1235
complaint with the Labor Commissioner alleging the employer's 1236
violation of any provision of said sections. 1237
(b) The Labor Commissioner shall advise any employee who (1) is 1238
covered by a collective bargaining agreement that provides for COVID-1239
19 sick leave, and (2) files a complaint pursuant to subsection (a) of this 1240
section of the employee's right to pursue a grievance with his or her 1241
collective bargaining agent. 1242
(c) Any employee aggrieved by a violation of any provision of 1243
sections 20 to 25, inclusive, of this act, may file a complaint with the 1244
Labor Commissioner. Upon receipt of any such complaint, the Labor 1245
Commissioner may hold a hearing. After the hearing, any employer 1246
who is found by the Labor Commissioner, by a preponderance of the 1247
evidence, to have violated any provision of this section shall be liable to 1248
the Labor Department for a civil penalty in an amount consistent with 1249
the penalties provided in section 31-57v of the general statutes, as 1250
amended by this act. The Labor Commissioner may award the employee 1251
appropriate relief consistent with the provisions of section 31-57v of the 1252
general statutes, as amended by this act. Any party aggrieved by the 1253
decision of the Labor Commissioner may appeal the decision to the 1254
Superior Court in accordance with the provisions of section 4-183 of the 1255
general statutes. 1256
(d) Any person aggrieved by a violation of any provision of sections 1257
20 to 25, inclusive, of this act, the Labor Commissioner, the Attorney 1258
General or any entity a member of which is aggrieved by a violation of 1259
any provision of sections 20 to 25, inclusive, of this act, may bring a civil 1260
action in a court of competent jurisdiction against the employer 1261
violating said sections. Such action may be brought by a person 1262
aggrieved by a violation of this section without first filing an 1263
administrative complaint. 1264 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
41 of 51
(e) The Labor Commissioner shall administer this section within 1265
available appropriations. 1266
Sec. 24. (NEW) (Effective from passage) (a) Each employer subject to the 1267
provisions of sections 20 to 25, inclusive, of this act shall, at the time of 1268
hiring or not later than fourteen days after the effective date of this 1269
section, whichever is later, provide written notice to each employee (1) 1270
of the entitlement to COVID-19 sick leave, the amount of COVID-19 sick 1271
leave provided and the terms under which COVID-19 sick leave may be 1272
used, (2) that retaliatory personnel actions by the employer are 1273
prohibited, and (3) of the right to file a complaint with the Labor 1274
Commissioner or file a civil action for any violation of sections 20 to 25, 1275
inclusive, of this act. Each employer shall also display a poster in a 1276
conspicuous place, accessible to employees, at the employer's place of 1277
business that contains the information required by this section in both 1278
English and Spanish provided in cases where the employer does not 1279
maintain a physical workplace, or an employee teleworks or performs 1280
work through a web-based or application-based platform, notification 1281
shall be sent via electronic communication or a conspicuous posting in 1282
the web-based or application-based platform. The Labor Commissioner 1283
shall provide such posters and model written notices to all employers. 1284
Additionally, employers shall include in the record of hours worked, 1285
wages earned and deductions required by section 31-13a of the general 1286
statutes, the number of hours, if any, of COVID-19 sick leave received 1287
by each employee, as well as any use of COVID-19 sick leave in the 1288
calendar year. 1289
(b) Employers shall retain records documenting hours worked by 1290
employees and COVID-19 sick leave taken by employees, for a period 1291
of three years, and shall allow the Labor Commissioner access to such 1292
records, with appropriate notice and at a mutually agreeable time, to 1293
monitor compliance with the requirements of this section. When an 1294
issue arises as to an employee's entitlement to COVID-19 sick leave 1295
under this section, if the employer does not maintain or retain adequate 1296
records documenting hours worked by the employee and COVID-19 1297 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
42 of 51
sick leave taken by the employee, or does not allow reasonable access to 1298
such records, it shall be presumed that the employer has violated this 1299
section absent clear and convincing evidence otherwise. 1300
(c) The Labor Commissioner may coordinate implementation and 1301
enforcement of sections 20 to 25, inclusive, of this act and shall adopt 1302
regulations, in accordance with the provisions of chapter 54 of the 1303
general statutes, for such purposes. 1304
(d) The Labor Commissioner may develop and implement a 1305
multilingual outreach program to inform employees, parents and 1306
persons who are under the care of a health care provider about the 1307
availability of COVID-19 sick leave. This program may include the 1308
development of notices and other written materials in English and in 1309
other languages. The Labor Commissioner shall administer this section 1310
within available appropriations. 1311
Sec. 25. (NEW) (Effective from passage) Unless required by law, an 1312
employer shall not require disclosure of the details of an employee's or 1313
an employee's family member's health information as a condition for 1314
providing COVID-19 sick leave under sections 20 to 25, inclusive, of this 1315
act. If an employer possesses health information about an employee or 1316
an employee's family member, such information shall be treated as 1317
confidential and not disclosed except to such employee or with the 1318
permission of such employee. 1319
Sec. 26. Subsection (a) of section 31-225a of the general statutes is 1320
repealed and the following is substituted in lieu thereof (Effective October 1321
1, 2021): 1322
(a) As used in this chapter: [, "qualified employer"] 1323
(1) "Qualified employer" means each employer subject to this chapter 1324
whose experience record has been chargeable with benefits for at least 1325
one full experience year, with the exception of employers subject to a 1326
flat entry rate of contributions as provided under subsection (d) of this 1327
section, employers subject to the maximum contribution rate under 1328 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
43 of 51
subsection (c) of section 31-273, and reimbursing employers; 1329
["contributing employer"] 1330
(2) "Contributing employer" means an employer who is assigned a 1331
percentage rate of contribution under the provisions of this section; 1332
["reimbursing employer"] 1333
(3) "Reimbursing employer" means an employer liable for payments 1334
in lieu of contributions as provided under section 31-225; ["benefit 1335
charges"] 1336
(4) "Benefit charges" means the amount of benefit payments charged 1337
to an employer's experience account under this section; ["computation 1338
date"] 1339
(5) "Computation date" means June thirtieth of the year preceding the 1340
tax year for which the contribution rates are computed; ["tax year"] 1341
(6) "Tax year" means the calendar year immediately following the 1342
computation date; ["experience year"] 1343
(7) "Experience year" means the twelve consecutive months ending 1344
on June thirtieth; [and "experience period"] 1345
(8) "Experience period" means the three consecutive experience years 1346
ending on the computation date, except that (A) if the employer's 1347
account has been chargeable with benefits for less than three years, the 1348
experience period shall consist of the greater of one or two consecutive 1349
experience years ending on the computation date, [.] and (B) to the 1350
extent allowed by federal law and as necessary to respond to the spread 1351
of COVID-19, for any taxable year commencing on or after January 1, 1352
2022, the experience period shall be calculated without regard to benefit 1353
charges and taxable wages for the experience years ending June 30, 2020, 1354
and June 30, 2021, when applicable; and 1355
(9) "COVID-19" means the respiratory disease designated by the 1356
World Health Organization on February 11, 2020, as coronavirus 2019, 1357 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
44 of 51
and any related mutation thereof recognized by the World Health 1358
Organization as a communicable respiratory disease. 1359
Sec. 27. Subsection (d) of section 31-225a of the general statutes is 1360
repealed and the following is substituted in lieu thereof (Effective October 1361
1, 2021): 1362
(d) The standard rate of contributions shall be five and four-tenths 1363
per cent. Each employer who has not been chargeable with benefits, for 1364
a sufficient period of time to have his or her rate computed under this 1365
section shall pay contributions at a rate that is the higher of (1) one per 1366
cent, or (2) the state's five-year benefit cost rate. For purposes of this 1367
subsection, the state's five-year benefit cost rate shall be computed 1368
annually on or before June thirtieth and shall be derived by dividing the 1369
total dollar amount of benefits paid to claimants under this chapter 1370
during the five consecutive calendar years immediately preceding the 1371
computation date by the five-year payroll during the same period, 1372
except that, to the extent allowed by federal law and as necessary to 1373
respond to the spread of COVID-19, for any taxable year commencing 1374
on or after January 1, 2022, the state's five-year benefit cost rate shall be 1375
calculated without regard to benefit payments and taxable wages for 1376
calendar years 2020 and 2021, when applicable. If the resulting quotient 1377
is not an exact multiple of one-tenth of one per cent, the five-year benefit 1378
cost rate shall be the next higher such multiple. 1379
Sec. 28. (NEW) (Effective from passage) (a) Notwithstanding any 1380
provision of chapter 567 of the general statutes, during the weeks 1381
commencing July 26, 2020, and ending on September 5, 2020, 1382
individuals who were eligible for a weekly benefit amount of less than 1383
one hundred dollars pursuant to the provisions of said chapter and who 1384
did not exhaust their state regular unemployment benefits by July 26, 1385
2020, shall have their weekly benefit amount raised to one hundred 1386
dollars and such individuals shall be permitted to apply for lost wages 1387
assistance. 1388
(b) Notwithstanding any provision of chapter 567 of the general 1389 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
45 of 51
statutes, if an additional federal benefit program is established for which 1390
the eligibility of an individual requires a minimum weekly benefit 1391
pursuant to the provisions of said chapter, individuals who are eligible 1392
for a weekly benefit amount of less than such required minimum weekly 1393
benefit and who have not exhausted their state regular unemployment 1394
benefits shall have their weekly benefit amount raised to the minimum 1395
amount required for eligibility for such additional federal benefit 1396
program, and such individuals shall be permitted to apply for such 1397
additional federal benefit program. As used in this subsection, (1) 1398
"additional federal benefit program" means a program enacted in 1399
federal law that provides benefits for unemployment caused by or 1400
related to COVID-19 or the public health and civil preparedness 1401
emergencies declared by the Governor on March 10, 2020, or any 1402
extension of such emergency declarations, and for which there is one 1403
hundred per cent federal funding, and (2) "COVID-19" means the 1404
respiratory disease designated by the World Health Organization on 1405
February 11, 2020, as coronavirus 2019, and any related mutation thereof 1406
recognized by the World Health Organization as a communicable 1407
respiratory disease. 1408
(c) With respect to employers who make payments in lieu of 1409
contributions pursuant to section 31-225 of the general statutes, for 1410
individuals who are affected by subsection (a) or (b) of this section, the 1411
amount otherwise due from the employer in lieu of contributions shall 1412
be reduced by an amount equal to the difference between the 1413
individual's weekly benefit amount to be paid pursuant to subsections 1414
(a) or (b) of this section and the weekly benefit amount which was or 1415
would have been calculated pursuant to chapter 567 of the general 1416
statutes prior to the adjustment to the weekly benefit amount required 1417
by subsections (a) or (b) of this section. 1418
(d) The Labor Commissioner may issue any implementing orders the 1419
commissioner deems necessary to effectuate the provisions of this 1420
section. 1421
Sec. 29. Subsection (f) of section 31-273 of the general statutes is 1422 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
46 of 51
repealed and the following is substituted in lieu thereof (Effective from 1423
passage): 1424
(f) Any person who knowingly makes a false statement or 1425
representation or fails to disclose a material fact in order to obtain, 1426
increase, prevent or decrease any benefit, contribution or other payment 1427
under this chapter, or under any similar law of another state or of the 1428
United States in regard to which this state acted as agent pursuant to an 1429
agreement authorized by section 31-225, whether to be made to or by 1430
himself or herself or any other person, and who receives any such 1431
benefit, pays any such contribution or alters any such payment to his or 1432
her advantage by such fraudulent means (1) shall be guilty of a class A 1433
misdemeanor if such benefit, contribution or payment amounts to [five 1434
hundred] two thousand dollars or less, or (2) shall be guilty of a class D 1435
felony if such benefit, contribution or payment amounts to more than 1436
[five hundred] two thousand dollars. Notwithstanding the provisions 1437
of section 54-193, no person shall be prosecuted for a violation of the 1438
provisions of this subsection committed on or after October 1, 1977, 1439
except within five years next after such violation has been committed. 1440
Sec. 30. (NEW) (Effective from passage) Each contracting authority 1441
acting pursuant to section 31-53 of the general statutes shall consider the 1442
use of a project labor agreement pursuant to section 31-56b of the 1443
general statutes for state contracts valued at ten million dollars or more. 1444
Each contractor who bids on such a state contract shall (1) be 1445
prequalified under section 4a-100 of the general statutes to perform the 1446
work required by the contractor under the contract, (2) be enrolled in 1447
the apprenticeship program pursuant to section 31-22m of the general 1448
statutes, and (3) if awarded the contract, complete the work required 1449
under the contract using its own employees and shall pay such 1450
employees not less than the wages described in section 31-53 of the 1451
general statutes. 1452
Sec. 31. (NEW) (Effective October 1, 2021) (a) As used in this section: 1453
(1) "Nurse" means an advanced practice registered nurse, registered 1454 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
47 of 51
nurse or licensed practical nurse; 1455
(2) "Advanced practice registered nurse" means an advanced practice 1456
registered nurse licensed pursuant to chapter 378 of the general statutes; 1457
(3) "Registered nurse" means a registered nurse licensed pursuant to 1458
chapter 378 of the general statutes; 1459
(4) "Licensed practical nurse" means a practical nurse licensed 1460
pursuant to chapter 378 of the general statutes; 1461
(5) "Nurse's aide" means a nurse's aide registered pursuant to chapter 1462
378a of the general statutes; 1463
(6) "Hospital" means any short-term acute care general or children's 1464
hospital licensed by the Department of Public Health, including the John 1465
Dempsey Hospital of The University of Connecticut Health Center; 1466
(7) "Direct patient care" means any care of a patient that is provided 1467
personally by a hospital staff member and includes, but is not limited 1468
to, treatment, counseling, self-care and the administration of 1469
medication; and 1470
(8) "Nursing unit" means a unit or floor in a hospital. 1471
(b) Each hospital shall calculate for each nursing unit, on a per shift 1472
basis, the total number of nurses and nurse's aides providing direct 1473
patient care to patients of the hospital. Each hospital shall post in each 1474
nursing unit, at the beginning of each shift, a clear and conspicuous 1475
notice readily accessible to and clearly visible by patients, employees 1476
and visitors of the hospital, including, but not limited to, persons in a 1477
wheelchair, containing the following information: 1478
(1) The name of the hospital; 1479
(2) The date; 1480
(3) The total number of (A) advanced practice registered nurses, (B) 1481 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
48 of 51
registered nurses, (C) licensed practical nurses, and (D) nurse's aides, 1482
who will be responsible for direct patient care during the shift, and the 1483
total number of hours each such nurse or nurse's aide is scheduled to 1484
work during the shift; and 1485
(4) The total number of patients in the nursing unit. 1486
(c) In addition to the information posted pursuant to subsection (b) 1487
of this section, each hospital shall post at the beginning of each shift a 1488
clear and conspicuous notice readily accessible to and clearly visible by 1489
patients, employees and visitors of the hospital, including, but not 1490
limited to, persons in a wheelchair, containing the following 1491
information: 1492
(1) The hospital's staffing matrix for the nursing unit; and 1493
(2) The telephone number or Internet web site that a patient, 1494
employee or visitor of the hospital may use to report a suspected 1495
violation by the hospital of a regulatory requirement concerning staffing 1496
levels and direct patient care. 1497
(d) Each hospital shall, upon oral or written request, make the 1498
information posted pursuant to subsections (b) and (c) of this section 1499
available to the public for review. The hospital shall retain such 1500
information for not less than eighteen months from the date such 1501
information was posted. 1502
(e) No hospital shall discharge or in any manner discriminate or 1503
retaliate against any employee of any hospital or against any other 1504
person because such employee or person reported a suspected violation 1505
by the hospital of a regulatory requirement concerning staffing levels 1506
and direct patient care. Notwithstanding any other provision of the 1507
general statutes, any hospital that violates any provision of this 1508
subsection shall (1) be liable to such employee or person for treble 1509
damages, and (2) reinstate the employee, if the employee was 1510
terminated from employment. For purposes of this subsection, 1511
"discriminate or retaliate" includes, but is not limited to, discharge, 1512 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
49 of 51
demotion, suspension or any other detrimental change in terms or 1513
conditions of employment or the threat of any such action. 1514
Sec. 32. Section 31-68 of the general statutes is repealed and the 1515
following is substituted in lieu thereof (Effective from passage): 1516
(a) (1) If any employee is paid by his or her employer less than the 1517
minimum fair wage or overtime wage to which he or she is entitled 1518
under sections 31-58, 31-59 and 31-60 or by virtue of a minimum fair 1519
wage order, or less than the amount of additional compensation to 1520
which he or she is entitled under sections 12 to 16, inclusive, of this act, 1521
he or she shall recover, in a civil action, (A) twice the full amount of such 1522
minimum wage, [or] overtime wage or additional compensation less 1523
any amount actually paid to him or her by the employer, with costs and 1524
such reasonable attorney's fees as may be allowed by the court, or (B) if 1525
the employer establishes that the employer had a good faith belief that 1526
the underpayment of such wages or additional compensation was in 1527
compliance with the law, the full amount of such minimum wage, [or] 1528
overtime wage or additional compensation less any amount actually 1529
paid to him or her by the employer, with costs and such reasonable 1530
attorney's fees as may be allowed by the court. 1531
(2) Notwithstanding the provisions of subdivision (1) of this 1532
subsection, if any employee is paid by his or her employer less than the 1533
minimum fair wage or overtime wage to which he or she is entitled 1534
under section 31-62-E4 of the regulations of Connecticut state agencies, 1535
such employee shall recover, in a civil action, (A) twice the full amount 1536
of such minimum wage or overtime wage less any amount actually paid 1537
to such employee by the employer, with costs and such reasonable 1538
attorney's fees as may be allowed by the court, or (B) if the employer 1539
establishes that the employer had a good faith belief that the 1540
underpayment of such wages was in compliance with the law, the full 1541
amount of such minimum wage or overtime wage less any amount 1542
actually paid to such employee by the employer, with costs as may be 1543
allowed by the court. A good faith belief includes, but is not limited to, 1544
reasonable reliance on written guidance from the Labor Department. 1545 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
50 of 51
(3) Notwithstanding the provisions of section 52-105, no person may 1546
be authorized by a court to sue for the benefit of other alleged similarly 1547
situated persons in a case brought for violations of section 31-62-E4 of 1548
the regulations of Connecticut state agencies, unless such person, in 1549
addition to satisfying any judicial rules of practice governing class 1550
action certifications, demonstrates to the court, under the appropriate 1551
burden of proof, that the defendant is liable to all individual proposed 1552
class members because all such members (A) performed nonservice 1553
duties while employed by the defendant, for more than a de minimis 1554
amount of time, that were not incidental to service duties, and (B) were 1555
not properly compensated by the defendant for some portion of their 1556
nonservice duties in accordance with section 31-62-E4 of the regulations 1557
of Connecticut state agencies. 1558
(4) Any agreement between an employee and his or her employer to 1559
work for less than such minimum fair wage or overtime wage or for less 1560
than the amount of additional compensation owned to the employee 1561
pursuant to sections 12 to 16, inclusive, of this act shall be no defense to 1562
such action as described in this section. The commissioner may collect 1563
the full amount of unpaid minimum fair wages, [or] unpaid overtime 1564
wages or unpaid additional compensation to which an employee is 1565
entitled under said sections or order, as well as interest calculated in 1566
accordance with the provisions of section 31-265 from the date the 1567
wages or additional compensation should have been received, had they 1568
been paid in a timely manner. In addition, the commissioner may bring 1569
any legal action necessary to recover twice the full amount of the unpaid 1570
minimum fair wages, [or] unpaid overtime wages or unpaid additional 1571
compensation to which the employee is entitled under said sections or 1572
under an order, and the employer shall be required to pay the costs and 1573
such reasonable attorney's fees as may be allowed by the court. The 1574
commissioner shall distribute any wages, additional compensation or 1575
interest collected pursuant to this section to the employee or in 1576
accordance with the provisions of subsection (b) of this section. 1577
(b) All wages and additional compensation collected by the 1578 Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
51 of 52
commissioner for an employee whose whereabouts are unknown to the 1579
commissioner shall be held by the commissioner for three months and 1580
thereafter the commissioner may, in his discretion, pay the same, on 1581
application, to the husband or wife or, if none, to the next of kin of such 1582
employee. As a condition of such payment, the commissioner or his 1583
authorized representative shall require proof of the relationship of the 1584
claimant and the execution of a bond of indemnity and a receipt for such 1585
payment. Notwithstanding the provisions of section 3-60b, any such 1586
wages or additional compensation held by the commissioner for two 1587
years without being claimed shall escheat to the state, subject to the 1588
provisions of sections 3-66a to 3-71a, inclusive. 1589
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 31-290a
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage 31-306(a)
Sec. 5 from passage 31-275(16)
Sec. 6 from passage 31-294k
Sec. 7 from passage New section
Sec. 8 from passage New section
Sec. 9 from passage New section
Sec. 10 from passage New section
Sec. 11 from passage New section
Sec. 12 from passage New section
Sec. 13 from passage New section
Sec. 14 from passage New section
Sec. 15 from passage New section
Sec. 16 from passage New section
Sec. 17 October 1, 2021 31-71g
Sec. 18 October 1, 2021 31-69(a)
Sec. 19 October 1, 2021 31-69a
Sec. 20 from passage New section
Sec. 21 from passage New section
Sec. 22 from passage New section
Sec. 23 from passage New section Substitute Bill No. 1002
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002-
R02-SB.docx }
52 of 52
Sec. 24 from passage New section
Sec. 25 from passage New section
Sec. 26 October 1, 2021 31-225a(a)
Sec. 27 October 1, 2021 31-225a(d)
Sec. 28 from passage New section
Sec. 29 from passage 31-273(f)
Sec. 30 from passage New section
Sec. 31 October 1, 2021 New section
Sec. 32 from passage 31-68
LAB Joint Favorable Subst.
APP Joint Favorable