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General Assembly Raised Bill No. 312
February Session, 2022
LCO No. 2501
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING THE EXPANSION OF CONNECTICUT PAID
SICK DAYS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-57r of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2022): 2
As used in this section and sections 31-57s to 31-57w, inclusive, as 3
amended by this act: 4
(1) "Child" means (A) a biological, adopted or foster child, stepchild, 5
legal ward of [a service worker] an employee, or (B) a child of a [service 6
worker] person standing in loco parentis [, who is (A) under eighteen 7
years of age; or (B) eighteen years of age or older and incapable of self-8
care because of a mental or physical disability] or an individual to whom 9
the employee stood in loco parentis when the individual was a child; 10
[(2) "Day or temporary worker" means an individual who performs 11
work for another on (A) a per diem basis, or (B) an occasional or 12
irregular basis for only the time required to complete such work, 13
whether such individual is paid by the person for whom such work is 14 Raised Bill No. 312
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performed or by an employment agency or temporary help service, as 15
defined in section 31-129;] 16
[(3)] (2) "Employee" means an individual engaged in service to an 17
employer in the business of the employer; 18
[(4)] (3) "Employer" means any person, firm, business, educational 19
institution, nonprofit agency, corporation, limited liability company or 20
other entity, [that employs fifty or more individuals in the state, which 21
shall be determined based on such person's, firm's, business', 22
educational institution's, nonprofit agency's, corporation's, limited 23
liability company's or other entity's payroll for the week containing 24
October first, annually. "Employer" does not include: (A) Any business 25
establishment classified in sector 31, 32 or 33 in the North American 26
Industrial Classification System, or (B) any nationally chartered 27
organization exempt from taxation under Section 501(c)(3) of the 28
Internal Revenue Code of 1986, or any subsequent corresponding 29
internal revenue code of the United States, as from time to time 30
amended, that provides all of the following services: Recreation, child 31
care and education] provided, for purposes of this section, the Personal 32
Care Attendant Workforce Council established under section 17b-706a 33
shall be deemed the employer of any personal care attendants, as 34
defined in section 17b-706; 35
(4) "Family member" means a spouse, sibling, child, grandparent, 36
grandchild or parent or an individual related to the employee by blood 37
or affinity whose close association with the employee is the equivalent 38
of any such family relationship; 39
(5) "Family violence" has the same meaning as provided in section 40
46b-38a; 41
(6) "Grandchild" means a grandchild related to a person by: (A) 42
Blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 43
foster care by a child of the grandparent; 44
(7) "Parent" means a biological parent, foster parent, adoptive parent, 45 Raised Bill No. 312
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stepparent, parent-in-law or legal guardian of an employee or an 46
employee's spouse, an individual standing in loco parentis to an 47
employee or an individual who stood in loco parentis to the employee 48
when the employee was a child; 49
(8) "Paid sick leave" means paid time that is provided by an employer 50
to an employee for the purposes described in section 31-57t, as amended 51
by this act; 52
[(6)] (9) "Retaliatory personnel action" means any termination, 53
suspension, constructive discharge, demotion, unfavorable 54
reassignment, refusal to promote, disciplinary action or other adverse 55
employment action taken by an employer against an employee; [or a 56
service worker;] 57
[(7) "Service worker" means an employee primarily engaged in an 58
occupation with one of the following broad or detailed occupation code 59
numbers and titles, as defined by the federal Bureau of Labor Statistics 60
Standard Occupational Classification system or any successor system: 61
(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 62
Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 63
Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 64
21-1099 Community and Social Service Specialists, All Other; (G) 25-65
4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 66
Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-67
1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 68
Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 69
Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 70
Practitioner Support Technologists and Technicians; (R) 29-2060 71
Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 72
Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 73
31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 74
Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 75
Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 76
Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 77
(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 78 Raised Bill No. 312
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(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 79
Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 80
and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 81
and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 82
Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-83
2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 84
(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 85
Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 86
Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 87
Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 88
(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 89
of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 90
Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 91
(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 92
Receptionists and Information Clerks; (YY) 43-5020 Couriers and 93
Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 94
(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 95
Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 96
(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 97
43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 98
(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 99
Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 100
Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 101
Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 102
(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 103
Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 104
(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 105
Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 106
Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 107
and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 108
wage and overtime compensation requirements of the Fair Labor 109
Standards Act of 1938 and the regulations promulgated thereunder, as 110
amended from time to time. "Service worker" does not include day or 111
temporary workers;] 112 Raised Bill No. 312
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[(8)] (10) "Sexual assault" means any act that constitutes a violation of 113
section 53a-70b of the general statutes, revision of 1958, revised to 114
January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 115
53a-73a; 116
(11) "Sibling" means a brother or sister related to a person by: (A) 117
Blood, (B) marriage, (C) adoption by a parent of the person, or (D) foster 118
care placement; 119
[(9)] (12) "Spouse" means a husband or wife, as the case may be; and 120
[(10)] (13) "Year" means any three-hundred-sixty-five-day period 121
used by an employer to calculate employee benefits. 122
Sec. 2. Section 31-57s of the general statutes is repealed and the 123
following is substituted in lieu thereof (Effective July 1, 2022): 124
(a) Each employer shall provide paid sick leave annually to each of 125
such employer's [service workers] employees in the state. Such paid sick 126
leave shall accrue (1) beginning [January 1, 2012] July 1, 2022, or for [a 127
service worker] an employee hired after said date, beginning on the 128
[service worker's] employee's first date of employment, (2) at a rate of 129
one hour of paid sick leave for each [forty] thirty hours worked by [a 130
service worker] the employee, and (3) in one-hour increments up to a 131
maximum of forty hours per year. Each [service worker] employee shall 132
be entitled to carry over up to forty unused accrued hours of paid sick 133
leave from the current year to the following year, but no [service 134
worker] employee shall be entitled to use more, in any year, than the 135
maximum number of accrued hours, as described in subdivision (3) of 136
this subsection. [, in any year] An employer may provide all paid sick 137
leave that an employee is expected to accrue in a year at the beginning 138
of the year. 139
(b) [A service worker] An employee shall be entitled to the use of 140
accrued paid sick leave [upon the completion of the service worker's six-141
hundred-eightieth hour of employment from January 1, 2012, if the 142
service worker was hired prior to January 1, 2012, or if hired after 143 Raised Bill No. 312
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January 1, 2012, upon the completion of the service worker's six-144
hundred-eightieth hour of employment from the date of hire, unless the 145
employer agrees to an earlier date. A service worker shall not be entitled 146
to the use of accrued paid sick leave if such service worker did not work 147
an average of ten or more hours per week for the employer in the most 148
recent complete quarter] as it is accrued. Alternatively, in lieu of 149
carryover of unused paid sick leave provided pursuant to this 150
subsection from one year to the next, an employer may pay an employee 151
for unused paid sick leave provided pursuant to this subsection at the 152
end of a year and provide the employee with an amount of paid sick 153
leave that meets or exceeds the requirements of this subsection that is 154
available for the employee's immediate use at the beginning of the 155
following year. 156
(c) An employer shall be deemed to be in compliance with this section 157
if the employer offers any other paid leave, or combination of other paid 158
leave that (1) may be used for the purposes of, and under the same 159
conditions as provided in, section 31-57t, as amended by this act, and (2) 160
is accrued in total at a rate equal to or greater than the rate described in 161
[subsections] subsection (a) [and (b)] of this section. For the purposes of 162
this subsection, "other paid leave" may include, but need not be limited 163
to, paid vacation, personal days or paid time off. 164
(d) Each employer shall pay each [service worker] employee for paid 165
sick leave at a pay rate equal to the greater of either (1) the normal 166
hourly wage for that [service worker] employee, or (2) the minimum fair 167
wage rate, under section 31-58, in effect for the pay period during which 168
the employee used paid sick leave. For any [service worker] employee 169
whose hourly wage varies depending on the work performed by the 170
[service worker] employee, "normal hourly wage" means the average 171
hourly wage of the [service worker] employee in the pay period prior to 172
the one in which the [service worker] employee used paid sick leave. 173
[(e) Notwithstanding the provisions of this section and sections 31-174
57t to 31-57w, inclusive, and upon the mutual consent of the service 175
worker and employer, a service worker who chooses to work additional 176 Raised Bill No. 312
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hours or shifts during the same or following pay period, in lieu of hours 177
or shifts missed, shall not use accrued paid sick leave.] 178
(e) An employee who is exempt from overtime requirements under 179
the provisions of 29 USC 213 (a)(1), as amended from time to time, shall 180
be assumed to work forty hours in each work week for purposes of paid 181
sick leave accrual, unless their normal work week is less than forty 182
hours, in which case paid sick leave shall accrue based upon the hours 183
worked in that normal work week. 184
(f) If an employee is transferred to a separate division, entity or 185
location but remains employed by the same employer, the employee 186
shall retain and be entitled to use all paid sick leave accrued or received 187
by the employee at the prior division, entity or location. If a different 188
employer succeeds or takes the place of an existing employer, each 189
employee of the original employer, who remains employed by the 190
successor employer, shall retain and be entitled to use all paid sick leave 191
the employee accrued or received while employed by the original 192
employer. 193
(g) An employer may not require, as a condition of an employee 194
taking paid sick leave, that the employee search for or find a 195
replacement worker to cover the hours for which the employee is using 196
paid sick leave. 197
[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 198
any employee, or (3) transfer any employee from one worksite to 199
another solely in order to not qualify as an employer, as defined in 200
section 31-57r, as amended by this act. 201
Sec. 3. Section 31-57t of the general statutes is repealed and the 202
following is substituted in lieu thereof (Effective July 1, 2022): 203
(a) An employer shall permit [a service worker] an employee to use 204
the paid sick leave accrued pursuant to section 31-57s, as amended by 205
this act: 206 Raised Bill No. 312
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(1) For (A) [a service worker's] an employee's illness, injury or health 207
condition, (B) the medical diagnosis, care or treatment of [a service 208
worker's] an employee's mental illness or physical illness, injury or 209
health condition, or (C) preventative medical care for [a service worker] 210
an employee; 211
(2) For (A) a [service worker's child's or spouse's] family member's 212
illness, injury or health condition, (B) the medical diagnosis, care or 213
treatment of a [service worker's child's or spouse's] family member's 214
mental or physical illness, injury or health condition, or (C) preventative 215
medical care for a [child or spouse of a service worker; and] family 216
member; 217
(3) For closure of the employer's place of business by order of a public 218
official due to a public health emergency or an employee's need to care 219
for a family member whose school or place of care has been closed by 220
order of a public official due to a public health emergency, or to care for 221
oneself or a family member when it is determined, by a health authority 222
having jurisdiction, an employer of the employee or employee's family 223
member or a health care provider, that the employee or family member's 224
presence in the community may jeopardize the health of others because 225
of such employee's exposure to a communicable illness, whether or not 226
the employee or family member has actually contracted the 227
communicable illness; and 228
[(3)] (4) Where [a service worker] an employee or an employee's 229
family member is a victim of family violence or sexual assault (A) for 230
medical care or psychological or other counseling for physical or 231
psychological injury or disability, (B) to obtain services from a victim 232
services organization, (C) to relocate due to such family violence or 233
sexual assault, or (D) to participate in any civil or criminal proceedings 234
related to or resulting from such family violence or sexual assault. 235
(b) If [a service worker's] an employee's need to use paid sick leave is 236
foreseeable, an employer may require advance notice, not to exceed 237
seven days prior to the date such leave is to begin, of the intention to use 238 Raised Bill No. 312
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such leave. If [a service worker's] an employee's need for such leave is 239
not foreseeable, an employer may require [a service worker] an 240
employee to give notice of such intention as soon as practicable. For paid 241
sick leave of three or more consecutive days, an employer may require 242
reasonable documentation that such leave is being taken for one of the 243
purposes permitted under subsection (a) of this section. If such leave is 244
permitted under subdivision (3) of subsection (a) of this section, a 245
written statement from the employee affirming that the employee is 246
taking or has taken paid sick leave for a qualifying purpose of 247
subdivision (3) of subsection (a) of this section shall be considered 248
reasonable documentation. Such written statement for leave pursuant 249
to subdivision (3) of subsection (a) of this section may be written in the 250
employee's first language and need not be notarized or in any particular 251
format. If such leave is permitted under subdivision (1) or (2) of 252
subsection (a) of this section, documentation signed by a health care 253
provider who is treating the [service worker] employee or the [service 254
worker's child or spouse] family member indicating the need for the 255
number of days of such leave shall be considered reasonable 256
documentation. If such leave is permitted under subdivision [(3)] (4) of 257
subsection (a) of this section, a court record or documentation signed by 258
[a service worker] an employee or volunteer working for a victim 259
services organization, an attorney, a police officer or other counselor 260
involved with the [service worker] employee shall be considered 261
reasonable documentation. An employer may not require such 262
documentation to explain the nature of the illness or the details of the 263
family violence or sexual assault. If an employer chooses to require 264
documentation for paid sick leave under this section and the employer 265
does not offer health insurance to the employee, the employer shall pay 266
all out-of-pocket expenses the employee incurs in obtaining the 267
documentation. If the employee has health insurance, the employer 268
shall pay any costs charged to the employee by the health care provider 269
for providing the specific documentation required by the employer. The 270
employer shall pay any costs charged to the employee for 271
documentation of family violence or sexual assault required by the 272
employer. 273 Raised Bill No. 312
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(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 274
this act, shall be deemed to require any employer to provide paid sick 275
leave for [a service worker's] an employee's leave for any purpose other 276
than those described in this section. 277
(d) Unless an employee policy or collective bargaining agreement 278
provides for the payment of accrued fringe benefits upon termination, 279
no [service worker] employee shall be entitled to payment of unused 280
paid accrued sick leave under this section upon termination of 281
employment. 282
(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 283
this act, shall be construed to prohibit an employer from taking 284
disciplinary action against [a service worker] an employee who uses 285
paid sick leave provided under said sections [31-57s to 31-57w, 286
inclusive,] for purposes other than those described in this section. 287
Sec. 4. Section 31-57u of the general statutes is repealed and the 288
following is substituted in lieu thereof (Effective July 1, 2022): 289
(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 290
this act, shall be construed to (1) prevent employers from providing 291
more paid sick leave than is required under said sections, [31-57s to 31-292
57w, inclusive,] (2) diminish any rights provided to any employee [or 293
service worker] under a collective bargaining agreement, or (3) preempt 294
or override the terms of any collective bargaining agreement effective 295
prior to January 1, 2012. 296
(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 297
this act, shall be construed to prohibit an employer (1) from establishing 298
a policy whereby [a service worker] an employee may donate unused 299
accrued paid sick leave to another [service worker] employee, and (2) 300
who provides more paid sick leave than is required under sections 31-301
57s to 31-57w, inclusive, as amended by this act, for the purposes 302
described in subdivision (1) of subsection (a) of section 31-57t, as 303
amended by this act, from limiting the amount of such leave [a service 304
worker] an employee may use for other purposes. 305 Raised Bill No. 312
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(c) Any termination of [a service worker's] an employee's 306
employment by an employer, whether voluntary or involuntary, shall 307
be construed as a break in service. Should any [service worker] 308
employee subsequently be rehired by the employer following a break in 309
service, the [service worker] employee shall (1) begin to accrue sick 310
leave [in accordance with section 31-57s] immediately upon rehire, and 311
(2) shall [not] be entitled to any unused hours of paid sick leave that had 312
been accrued prior to the [service worker's] employee's break in service. 313
[unless agreed to by the employer.] 314
Sec. 5. Section 31-57v of the general statutes is repealed and the 315
following is substituted in lieu thereof (Effective July 1, 2022): 316
(a) No employer shall take retaliatory personnel action or 317
discriminate against an employee because the employee (1) requests or 318
uses paid sick leave either in accordance with sections 31-57s and 31-57t, 319
as amended by this act, or in accordance with the employer's own paid 320
sick leave policy, as the case may be, or (2) files a complaint with the 321
Labor Commissioner alleging the employer's violation of sections 31-57s 322
to 31-57w, inclusive, as amended by this act. 323
(b) The Labor Commissioner shall advise any employee who (1) is 324
covered by a collective bargaining agreement that provides for paid sick 325
days, and (2) files a complaint pursuant to subsection (a) of this section 326
of [his or her] the employee's right to pursue a grievance with [his or 327
her] the employee's collective bargaining agent. 328
(c) Any employee aggrieved by a violation of the provisions of 329
sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 330
complaint with the Labor Commissioner. Upon receipt of any such 331
complaint, said commissioner may hold a hearing. After the hearing, 332
any employer who is found by the Labor Commissioner, by a 333
preponderance of the evidence, to have violated the provisions of 334
subsection (a) of this section shall be liable to the Labor Department for 335
a civil penalty of five hundred dollars for each violation. Any employer 336
who is found by the Labor Commissioner, by a preponderance of the 337 Raised Bill No. 312
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evidence, to have violated the provisions of sections 31-57s to 31-57u, 338
inclusive, as amended by this act, or section 31-57w, as amended by this 339
act, shall be liable to the Labor Department for a civil penalty of up to 340
one hundred dollars for each violation. The Labor Commissioner may 341
award the employee all appropriate relief, including the payment for 342
used paid sick leave, rehiring or reinstatement to the employee's 343
previous job, payment of back wages and reestablishment of employee 344
benefits to which the employee otherwise would have been eligible if 345
the employee had not been subject to such retaliatory personnel action 346
or discriminated against. Any party aggrieved by the decision of the 347
commissioner may appeal the decision to the Superior Court in 348
accordance with the provisions of chapter 54. 349
(d) The Labor Commissioner, the Attorney General or any person 350
aggrieved by a violation of any provision of sections 31-57s to 31-57w, 351
inclusive, as amended by this act, or any entity a member of which is 352
aggrieved by a violation of said sections, may bring a civil action in a 353
court of competent jurisdiction against the employer for such violation. 354
Such action may be brought by a person aggrieved by violation of this 355
section without first filing an administrative complaint. 356
[(d)] (e) The Labor Commissioner shall administer this section within 357
available appropriations. 358
Sec. 6. Section 31-57w of the general statutes is repealed and the 359
following is substituted in lieu thereof (Effective July 1, 2022): 360
(a) Each employer subject to the provisions of section 31-57s, as 361
amended by this act, shall, at the time of hiring, provide notice to each 362
[service worker] employee (1) of the entitlement to sick leave for [service 363
workers] employees, the amount of sick leave provided to [service 364
workers] employees and the terms under which sick leave may be used, 365
(2) that retaliation by the employer against the [service worker] 366
employee for requesting or using sick leave for which the [service 367
worker] employee is eligible is prohibited, and (3) that the [service 368
worker] employee has a right to file a complaint with the Labor 369 Raised Bill No. 312
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Commissioner for any violation of this section and of sections 31-57s to 370
31-57v, inclusive, as amended by this act. [Employers] Each employer 371
[may] shall comply with the provisions of this section by (A) displaying 372
a poster in a conspicuous place, accessible to [service workers] 373
employees, at the employer's place of business that contains the 374
information required by this section in both English and Spanish, except 375
in the case where the employer does not maintain a physical workplace 376
or an employee teleworks or performs work through a web-based or 377
application-based platform, notification shall be sent via electronic 378
communication or a conspicuous posting on a web-based or 379
application-based platform, and (B) providing written notice to each 380
employee not later than January 1, 2023, or at the time of hire, whichever 381
is later. The Labor Commissioner [may adopt regulations, in accordance 382
with chapter 54, to establish additional requirements concerning the 383
means by which employers shall provide such notice. The Labor 384
Commissioner shall administer this section within available 385
appropriations] shall provide such posters and model written notice to 386
all employers. Each employer shall include in the record of hours 387
worked, wages earned and deductions required by section 31-13a, the 388
number of hours, if any, of paid sick leave accrued or received by the 389
employee and the number of hours of paid sick leave used by the 390
employee in the calendar year. 391
(b) Each employer shall retain records documenting hours worked by 392
employees and paid sick leave taken by employees for a period of three 393
years and shall allow the Labor Commissioner access to such records, 394
with appropriate notice and at a mutually agreeable time, to monitor 395
compliance with the requirements of this section. When an issue arises 396
as to an employee's entitlement to paid sick leave under this section, if 397
the employer does not maintain or retain adequate records 398
documenting hours worked by the employee and paid sick leave taken 399
by the employee or does not allow reasonable access to such records, it 400
shall be presumed that the employer has violated this section, absent 401
clear and convincing evidence otherwise. 402
(c) The Labor Commissioner may coordinate implementation and 403 Raised Bill No. 312
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enforcement of this section and sections 31-57s to 31-57v, inclusive, as 404
amended by this act, and shall adopt regulations in accordance with the 405
provisions of chapter 54 to implement the provisions of said sections. 406
(d) The Labor Commissioner may develop and implement a 407
multilingual outreach program to inform employees, parents and 408
persons who are under the care of a health care provider about the 409
availability of paid sick leave. Such program shall include the 410
distribution of notices and other written materials in English, Spanish 411
and any language that is the first language spoken by not less than five 412
per cent of the state's population to all child care and elder care 413
providers, domestic violence shelters, schools, hospitals, community 414
health centers and other health care providers. 415
(e) The Labor Commissioner shall administer this section within 416
available appropriations. 417
Sec. 7. (NEW) (Effective from passage) As used in this section and 418
sections 8 to 12, inclusive, of this act: 419
(1) "Child" means a biological, adopted or foster child, stepchild, or 420
legal ward of an employee, or a child of a person standing in loco 421
parentis to an employee, or an individual to whom the employee stood 422
in loco parentis when the individual was a minor child; 423
(2) "COVID-19" means the respiratory disease designated by the 424
World Health Organization on February 11, 2020, as coronavirus 2019, 425
and any related mutation thereof recognized by the World Health 426
Organization as a communicable respiratory disease; 427
(3) "Employee" means an individual engaged in service to an 428
employer in the business of the employer; 429
(4) "Employer" means any person, firm, business, educational 430
institution, nonprofit organization, corporation, limited liability 431
company or other entity, except that the Personal Care Attendant 432
Workforce Council established under section 17b-706a of the general 433 Raised Bill No. 312
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statutes shall act on behalf of the employer of all personal care 434
attendants, as defined in section 17b-706 of the general statutes. 435
"Employer" does not include the federal government; 436
(5) "Family member" means the employee's spouse, as defined in 437
section 31-51kk of the general statutes, child, parent, grandparent, 438
grandchild or sibling, whether related to the employee by blood, 439
marriage, adoption or foster care, or an individual related to the 440
employee by blood or affinity whose close association with the 441
employee is the equivalent of those family relationships; 442
(6) "Parent" means a biological parent, foster parent, adoptive parent, 443
stepparent, parent-in-law of the employee or legal guardian of an 444
employee or an employee's spouse, an individual standing in loco 445
parentis to an employee, or an individual who stood in loco parentis to 446
the employee when the employee was a minor child; and 447
(7) "Retaliatory personnel action" means any termination, 448
suspension, constructive discharge, demotion, unfavorable 449
reassignment, refusal to promote, reduction of hours, disciplinary 450
action or other adverse employment action taken by an employer 451
against an employee. 452
Sec. 8. (NEW) (Effective from passage) (a) (1) Each employer shall 453
provide to each of its employees COVID-19 sick leave in addition to any 454
paid sick leave provided by the employer pursuant to section 31-57s of 455
the general statutes, as amended by this act. The COVID-19 sick leave 456
shall be (A) in the amount of eighty hours for each employee who 457
regularly works forty or more hours per week, or (B) equal to the 458
number of hours the employee is regularly scheduled to work or works 459
in a two-week period, whichever is greater, for each employee who 460
regularly works less than forty hours per week. 461
(2) An employee exempt from overtime requirements under 29 USC 462
213(a)(1), as amended from time to time, shall be assumed to work forty 463
hours per week for purposes of calculating COVID-19 sick leave, unless 464
such employee regularly works less than forty hours per week, in which 465 Raised Bill No. 312
LCO No. 2501 16 of 23
case the COVID-19 sick leave shall be provided based upon the number 466
of hours regularly worked per week. An employee who regularly works 467
less than forty hours per week, but whose number of work hours varies 468
each week, shall be provided COVID-19 sick leave using the average 469
number of hours per week the employee was scheduled to work in the 470
six-month period immediately preceding the date on which the 471
employee utilizes COVID-19 sick leave, including the hours of any leave 472
taken by the employee, except that, if the employee did not work any 473
hours over such period, the average shall be the reasonable expectation 474
of the employee, at the time the employee was hired, of the average 475
number of hours per week the employee would be regularly scheduled 476
to work. 477
(b) COVID-19 sick leave shall be provided one time to each employee 478
and shall be immediately available for use for any of the purposes 479
described in subsection (c) of this section beginning on the effective date 480
of this section, regardless of the time such employee has been employed 481
by the employer. An employee shall be entitled to use COVID-19 sick 482
leave retroactively beginning on July 20, 2021, until four weeks after the 483
expiration of the public health and civil preparedness emergencies 484
declared by the Governor on March 10, 2020, or any extension of such 485
declarations. 486
(c) An employee shall be entitled to take COVID-19 sick leave when 487
the employee is unable to perform the functions of the job of such 488
employee, including through telework, due to any of the following 489
reasons related to COVID-19: 490
(1) The employee's need to (A) self-isolate and care for oneself 491
because the employee has been diagnosed with COVID-19 or is 492
experiencing symptoms of COVID-19, (B) seek preventive care 493
concerning COVID-19, (C) seek or obtain medical diagnosis, care or 494
treatment if experiencing symptoms of COVID-19, or (D) seek or obtain 495
COVID-19 immunization or immunizations, including booster doses, or 496
recover from any injury, disability, illness or condition related to such 497
immunizations or booster doses; 498 Raised Bill No. 312
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(2) The employee's need to comply with an order or determination to 499
self-isolate, on the basis that the employee's physical presence at work 500
or in the community would likely jeopardize the employee's health, the 501
health of other employees or the health of an individual in the 502
employee's household because of (A) possible exposure to COVID-19, 503
or (B) the employee is exhibiting of symptoms of COVID-19, regardless 504
of whether the employee has been diagnosed with COVID-19; 505
(3) The employee's need to care for a family member who is (A) self-506
isolating, seeking preventive care or seeking or obtaining medical 507
diagnosis, care, treatment or immunizations or booster doses, or 508
recovering from such immunizations or booster doses, for the purposes 509
described in subdivision (1) of this subsection, or (B) self-isolating due 510
to an order or determination as described in subdivision (2) of this 511
subsection; 512
(4) The employee's inability to work or telework because the 513
employee is (A) prohibited from working by the employer due to health 514
concerns related to the potential transmission of COVID-19, (B) subject 515
to an individual or general local, state or federal quarantine or isolation 516
order, including a shelter-in-place or stay-at-home order, related to 517
COVID-19, or (C) seeking or awaiting the results of a diagnostic test for, 518
or a medical diagnosis of, COVID-19 and such employee has been 519
exposed to COVID-19 or the employee's employer has requested such 520
test or diagnosis; 521
(5) The employee's need to care for a family member when the care 522
provider of such family member is unavailable due to COVID-19 or if 523
the family member's school or place of care has been closed by a local, 524
state or federal public official or at the discretion of the school or place 525
of care, due to COVID-19, including if a school or place of care (A) is 526
physically closed but providing virtual learning instruction, (B) requires 527
or makes optional virtual learning instruction, or (C) requires or makes 528
available a hybrid of in-person and virtual learning instruction models; 529
or 530 Raised Bill No. 312
LCO No. 2501 18 of 23
(6) The employee's inability to work because the employee has a 531
health condition that may increase susceptibility to or risk of COVID-19, 532
including, but not limited to, age, heart disease, asthma, lung disease, 533
diabetes, kidney disease or a weakened immune system. 534
(d) An order or determination made pursuant to subdivision (2) of 535
subsection (c) of this section or subparagraph (B) of subdivision (3) of 536
subsection (c) of this section shall be made by a local, state or federal 537
public official, a health authority having jurisdiction, a health care 538
provider or the employer of the employee or the employee's family 539
member. Such order or determination need not be specific to such 540
employee or family member. 541
(e) Each employer shall pay each employee for COVID-19 sick leave 542
at a pay rate equal to the greater of (1) the normal hourly wage for that 543
employee, or (2) the minimum fair wage rate under section 31-58 of the 544
general statutes in effect for the pay period during which the employee 545
used COVID-19 sick leave. For any employee whose hourly wage varies 546
depending on the work performed by the employee, "normal hourly 547
wage" means the average hourly wage of the employee in the pay period 548
prior to the one in which the employee uses COVID-19 sick leave. 549
(f) The employee shall provide advance notice to the employer of the 550
need for COVID-19 sick leave as soon as practicable only when the need 551
for COVID-19 sick leave is foreseeable and the employer's place of 552
business has not been closed. 553
(g) Notwithstanding any provision of sections 7 to 12, inclusive, of 554
this act, no documentation from an employee shall be required by an 555
employer for COVID-19 sick leave. 556
(h) If an employee is transferred to a separate division, entity or 557
location, but remains employed by the same employer, the employee 558
shall retain and be entitled to use all COVID-19 sick leave the employee 559
accrued or received in accordance with the provisions of sections 7 to 560
12, inclusive, of this act, at the prior division, entity or location. If a 561
different employer succeeds or takes the place of an existing employer, 562 Raised Bill No. 312
LCO No. 2501 19 of 23
each employee of the original employer who remains employed by the 563
successor employer shall retain and be entitled to use all COVID-19 sick 564
leave the employee accrued or received in accordance with the 565
provisions of sections 7 to 12, inclusive, of this act, while employed by 566
the original employer. 567
(i) An employer shall not require, as a condition of an employee's 568
taking COVID-19 sick leave, that the employee search for or find a 569
replacement worker to cover the hours during which the employee is 570
using COVID-19 sick leave. 571
Sec. 9. (NEW) (Effective from passage) (a) Nothing in sections 7 to 12, 572
inclusive, of this act shall be construed to: (1) Discourage or prohibit an 573
employer from the adoption or retention of a COVID-19 sick leave, paid 574
sick leave or other paid leave policy more generous than the one 575
required pursuant to section 8 of this act, including providing more 576
leave than required under said section; (2) diminish any rights provided 577
to any employee under a collective bargaining agreement; or (3) prohibit 578
an employer from establishing a policy whereby an employee may 579
donate unused COVID-19 sick leave to another employee. 580
(b) An employee may first use the COVID-19 sick leave provided 581
pursuant to section 8 of this act prior to using sick leave permitted 582
pursuant to section 31-57t of the general statutes, as amended by this 583
act. An employer may not require an employee to use other paid leave 584
provided by the employer to the employee before the employee uses the 585
COVID-19 sick leave. 586
Sec. 10. (NEW) (Effective from passage) (a) It shall be unlawful for an 587
employer or any other person to interfere with, restrain or deny the 588
exercise of, or the attempt to exercise, any right protected under sections 589
7 to 12, inclusive, of this act. No employer shall take retaliatory 590
personnel action or discriminate against an employee because the 591
employee (1) requests or uses COVID-19 sick leave in accordance with 592
the provisions of sections 7 to 12, inclusive, of this act, or (2) files a 593
complaint with the Labor Commissioner alleging the employer's 594 Raised Bill No. 312
LCO No. 2501 20 of 23
violation of any provision of said sections. 595
(b) The Labor Commissioner shall advise any employee, who (1) is 596
covered by a collective bargaining agreement that provides for COVID-597
19 sick leave, and (2) files a complaint pursuant to subsection (a) of this 598
section, of the employee's right to pursue a grievance with the 599
employee's collective bargaining agent. 600
(c) Any employee aggrieved by a violation of any provision of 601
sections 7 to 12, inclusive, of this act, may file a complaint with the Labor 602
Commissioner. Upon receipt of any such complaint, the Labor 603
Commissioner may hold a hearing. After the hearing, any employer 604
who is found by the Labor Commissioner, by a preponderance of the 605
evidence, to have violated any provision of this section shall be liable to 606
the Labor Department for a civil penalty in an amount consistent with 607
the penalties provided in section 31-57v of the general statutes, as 608
amended by this act. The Labor Commissioner may award the employee 609
appropriate relief consistent with the provisions of said section. Any 610
party aggrieved by the decision of the Labor Commissioner may appeal 611
the decision to the Superior Court in accordance with the provisions of 612
section 4-183 of the general statutes. 613
(d) Any person aggrieved by a violation of any provision of sections 614
7 to 12, inclusive, of this act, the Labor Commissioner, the Attorney 615
General or any entity a member of which is aggrieved by a violation of 616
any provision of sections 7 to 12, inclusive, of this act, may bring a civil 617
action in a court of competent jurisdiction against the employer 618
violating said sections. Such action may be brought by a person 619
aggrieved by a violation of this section without first filing an 620
administrative complaint. 621
(e) The Labor Commissioner shall administer this section within 622
available appropriations. 623
Sec. 11. (NEW) (Effective from passage) (a) Each employer subject to the 624
provisions of sections 7 to 12, inclusive, of this act shall, at the time of 625
hiring or not later than fourteen days after the effective date of this 626 Raised Bill No. 312
LCO No. 2501 21 of 23
section, whichever is later, provide written notice to each employee (1) 627
of the entitlement to COVID-19 sick leave, the amount of COVID-19 sick 628
leave provided and the terms under which COVID-19 sick leave may be 629
used, (2) that retaliatory personnel actions by the employer are 630
prohibited, and (3) of the right to file a complaint with the Labor 631
Commissioner or file a civil action for any violation of sections 7 to 12, 632
inclusive, of this act. Each employer shall also display a poster in a 633
conspicuous place, accessible to employees, at the employer's place of 634
business that contains the information required by this section in both 635
English and Spanish, provided in cases where the employer does not 636
maintain a physical workplace, or an employee teleworks or performs 637
work through a web-based or application-based platform, notification 638
shall be sent via electronic communication or a conspicuous posting in 639
the web-based or application-based platform. The Labor Commissioner 640
shall provide such posters and model written notices to all employers. 641
Additionally, employers shall include in the record of hours worked, 642
wages earned and deductions required by section 31-13a of the general 643
statutes, the number of hours, if any, of COVID-19 sick leave received 644
by each employee, as well as any use of COVID-19 sick leave in the 645
calendar year. 646
(b) Each employer shall retain records documenting hours worked by 647
employees and COVID-19 sick leave taken by employees, for a period 648
of three years, and shall allow the Labor Commissioner access to such 649
records, with appropriate notice and at a mutually agreeable time, to 650
monitor compliance with the requirements of this section. When an 651
issue arises as to an employee's entitlement to COVID-19 sick leave 652
under this section, if the employer does not maintain or retain adequate 653
records documenting hours worked by the employee and COVID-19 654
sick leave taken by the employee, or does not allow reasonable access to 655
such records, it shall be presumed that the employer has violated this 656
section absent clear and convincing evidence otherwise. 657
(c) The Labor Commissioner may coordinate implementation and 658
enforcement of sections 7 to 12, inclusive, of this act and shall adopt 659
regulations, in accordance with the provisions of chapter 54 of the 660 Raised Bill No. 312
LCO No. 2501 22 of 23
general statutes, for such purposes. 661
(d) The Labor Commissioner may develop and implement a 662
multilingual outreach program to inform employees, parents and 663
persons who are under the care of a health care provider about the 664
availability of COVID-19 sick leave. This program may include the 665
development of notices and other written materials in English and in 666
other languages. The Labor Commissioner shall administer this section 667
within available appropriations. 668
Sec. 12. (NEW) (Effective from passage) Unless otherwise required by 669
law, an employer shall not require disclosure of the details of an 670
employee's or an employee's family member's health information as a 671
condition for providing COVID-19 sick leave in accordance with 672
sections 7 to 12, inclusive, of this act. If an employer possesses health 673
information about an employee or an employee's family member, such 674
information shall be treated as confidential and not disclosed except to 675
such employee or with the permission of such employee. 676
Sec. 13. Subsection (a) of section 31-397 of the general statutes is 677
repealed and the following is substituted in lieu thereof (Effective October 678
1, 2022): 679
(a) The Labor Commissioner, in consultation with the Commissioner 680
of Public Health, shall encourage the development of occupational 681
health clinics by making grants-in-aid to public and nonprofit 682
organizations. Such grants-in-aid shall be used to facilitate the 683
development and operation of such clinics, including, but not limited to, 684
preproject development, site acquisition, development, improvement 685
and operating expenses. Such grants-in-aid may be used for activities 686
involved in occupational disease evaluation, treatment and prevention, 687
particularly when such activities are not compensated by other sources. 688
Priority for such grants-in-aid may be given to organizations providing 689
services for working age populations, including, but not limited to, 690
migrant and contingent workers, where health disparities or work 691
structure interfere with the provision of occupational health care 692 Raised Bill No. 312
LCO No. 2501 23 of 23
services. Such grants-in-aid shall not be used to compensate any 693
occupational health clinic for any activities that utilize commercial 694
services or involve grants or contracts received from an outside party. 695
The commissioner shall consult with the Occupational Health Clinics 696
Advisory Board prior to making any such grant. For purposes of this 697
subsection, "contingent worker" means an individu al whose 698
employment is of a temporary and sporadic nature and may include, 699
but need not be limited to, (1) an agricultural worker, (2) an independent 700
contractor, as defined in section 36a-485, or [a day or temporary worker, 701
as defined in section 31-57r] (3) an individual who performs work for 702
another on (A) a per diem basis, or (B) an occasional or irregular basis 703
for only the time required to complete such work, whether such 704
individual is paid by the person for whom such work is performed or 705
by an employment agency or temporary help service, as defined in 706
section 31-129. 707
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 31-57r
Sec. 2 July 1, 2022 31-57s
Sec. 3 July 1, 2022 31-57t
Sec. 4 July 1, 2022 31-57u
Sec. 5 July 1, 2022 31-57v
Sec. 6 July 1, 2022 31-57w
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 October 1, 2022 31-397(a)
Statement of Purpose:
To expand paid sick days and domestic worker coverage.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]