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fGeneral Assembly Substitute Bill No. 312
February Session, 2022
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 Section 31-57r of the general statutes is repealed and the 1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] an employee standing in loco parentis [, who is (A) under 7
eighteen years of age; or (B) eighteen years of age or older and incapable 8
of self-care because of a mental or physical disability] or an individual 9
to whom the employee stood in loco parentis when the individual was 10
a child; 11
[(2) "Day or temporary worker" means an individual who performs 12
work for another on (A) a per diem basis, or (B) an occasional or 13
irregular basis for only the time required to complete such work, 14
whether such individual is paid by the person for whom such work is 15
performed or by an employment agency or temporary help service, as 16
defined in section 31-129;] 17 Substitute Bill No. 312
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[(3)] (2) "Employee" means an individual engaged in service to an 18
employer in the business of the employer; 19
[(4)] (3) "Employer" means any person, firm, business, educational 20
institution, nonprofit agency, corporation, limited liability company or 21
other entity, [that employs fifty or more individuals in the state, which 22
shall be determined based on such person's, firm's, business', 23
educational institution's, nonprofit agency's, corporation's, limited 24
liability company's or other entity's payroll for the week containing 25
October first, annually. "Employer" does not include: (A) Any business 26
establishment classified in sector 31, 32 or 33 in the North American 27
Industrial Classification System, or (B) any nationally chartered 28
organization exempt from taxation under Section 501(c)(3) of the 29
Internal Revenue Code of 1986, or any subsequent corresponding 30
internal revenue code of the United States, as from time to time 31
amended, that provides all of the following services: Recreation, child 32
care and education] provided, for purposes of this section, the Personal 33
Care Attendant Workforce Council established under section 17b-706a 34
shall be deemed the employer of any personal care attendants, as 35
defined in section 17b-706; 36
(4) "Family member" means a spouse, sibling, child, grandparent, 37
grandchild or parent or an individual related to the employee by blood 38
or affinity whose close association with the employee is the equivalent 39
of any such family relationship; 40
(5) "Family violence" has the same meaning as provided in section 41
46b-38a; 42
(6) "Grandchild" means a grandchild related to a person by: (A) 43
Blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 44
foster care by a child of the grandparent; 45
(7) "Parent" means a biological parent, foster parent, adoptive parent, 46
stepparent, parent-in-law or legal guardian of an employee or an 47
employee's spouse, an individual standing in loco parentis to an 48 Substitute Bill No. 312
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employee or an individual who stood in loco parentis to the employee 49
when the employee was a child; 50
(8) "Paid sick leave" means paid time that is provided by an employer 51
to an employee for the purposes described in section 31-57t, as amended 52
by this act; 53
[(6)] (9) "Retaliatory personnel action" means any termination, 54
suspension, constructive discharge, dem otion, unfavorable 55
reassignment, refusal to promote, disciplinary action or other adverse 56
employment action taken by an employer against an employee; [or a 57
service worker;] 58
[(7) "Service worker" means an employee primarily engaged in an 59
occupation with one of the following broad or detailed occupation code 60
numbers and titles, as defined by the federal Bureau of Labor Statistics 61
Standard Occupational Classification system or any successor system: 62
(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 63
Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 64
Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 65
21-1099 Community and Social Service Specialists, All Other; (G) 25-66
4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 67
Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-68
1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 69
Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 70
Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 71
Practitioner Support Technologists and Technicians; (R) 29-2060 72
Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 73
Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 74
31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 75
Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 76
Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 77
Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 78
(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 79
(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 80
Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 81 Substitute Bill No. 312
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and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 82
and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 83
Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-84
2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 85
(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 86
Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 87
Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 88
Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 89
(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 90
of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 91
Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 92
(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 93
Receptionists and Information Clerks; (YY) 43-5020 Couriers and 94
Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 95
(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 96
Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 97
(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 98
43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 99
(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 100
Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 101
Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 102
Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 103
(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 104
Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 105
(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 106
Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 107
Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 108
and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 109
wage and overtime compensation requirements of the Fair Labor 110
Standards Act of 1938 and the regulations promulgated thereunder, as 111
amended from time to time. "Service worker" does not include day or 112
temporary workers;] 113
[(8)] (10) "Sexual assault" means any act that constitutes a violation of 114
section 53a-70b of the general statutes, revision of 1958, revised to 115 Substitute Bill No. 312
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January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 116
53a-73a; 117
(11) "Sibling" means a brother or sister related to a person by: (A) 118
Blood, (B) marriage, (C) adoption by a parent of the person, or (D) foster 119
care placement; 120
[(9)] (12) "Spouse" means a husband or wife, as the case may be; and 121
[(10)] (13) "Year" means any three-hundred-sixty-five-day period 122
used by an employer to calculate employee benefits. 123
Sec. 2. Section 31-57s of the general statutes is repealed and the 124
following is substituted in lieu thereof (Effective July 1, 2022): 125
(a) Each employer shall provide paid sick leave annually to each of 126
such employer's [service workers] employees in the state. Such paid sick 127
leave shall accrue (1) beginning [January 1, 2012] July 1, 2022, or for [a 128
service worker] an employee hired after said date, beginning on the 129
[service worker's] employee's first date of employment, (2) at a rate of 130
one hour of paid sick leave for each [forty] thirty hours worked by [a 131
service worker] the employee, and (3) in one-hour increments up to a 132
maximum of forty hours per year. Each [service worker] employee shall 133
be entitled to carry over up to forty unused accrued hours of paid sick 134
leave from the current year to the following year, but no [service 135
worker] employee shall be entitled to use more, in any year, than the 136
maximum number of accrued hours, as described in subdivision (3) of 137
this subsection. [, in any year] An employer may provide all paid sick 138
leave that an employee is expected to accrue in a year at the beginning 139
of the year. 140
(b) [A service worker] An employee shall be entitled to the use of 141
accrued paid sick leave [upon the completion of the service worker's six-142
hundred-eightieth hour of employment from January 1, 2012, if the 143
service worker was hired prior to January 1, 2012, or if hired after 144
January 1, 2012, upon the completion of the service worker's six-145
hundred-eightieth hour of employment from the date of hire, unless the 146 Substitute Bill No. 312
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employer agrees to an earlier date. A service worker shall not be entitled 147
to the use of accrued paid sick leave if such service worker did not work 148
an average of ten or more hours per week for the employer in the most 149
recent complete quarter] as it is accrued. Alternatively, in lieu of 150
carryover of unused paid sick leave provided pursuant to this 151
subsection from one year to the next, an employer may pay an employee 152
for unused paid sick leave provided pursuant to this subsection at the 153
end of a year and provide the employee with an amount of paid sick 154
leave that meets or exceeds the requirements of this subsection that is 155
available for the employee's immediate use at the beginning of the 156
following year. 157
(c) An employer shall be deemed to be in compliance with this section 158
if the employer offers any other paid leave, or combination of other paid 159
leave that (1) may be used for the purposes of, and under the same 160
conditions as provided in, section 31-57t, as amended by this act, and (2) 161
is accrued in total at a rate equal to or greater than the rate described in 162
[subsections] subsection (a) [and (b)] of this section. For the purposes of 163
this subsection, "other paid leave" may include, but need not be limited 164
to, paid vacation, personal days or paid time off. 165
(d) Each employer shall pay each [service worker] employee for paid 166
sick leave at a pay rate equal to the greater of either (1) the normal 167
hourly wage for that [service worker] employee, or (2) the minimum fair 168
wage rate, under section 31-58, in effect for the pay period during which 169
the employee used paid sick leave. For any [service worker] employee 170
whose hourly wage varies depending on the work performed by the 171
[service worker] employee, "normal hourly wage" means the average 172
hourly wage of the [service worker] employee in the pay period prior to 173
the one in which the [service worker] employee used paid sick leave. 174
[(e) Notwithstanding the provisions of this section and sections 31-175
57t to 31-57w, inclusive, and upon the mutual consent of the service 176
worker and employer, a service worker who chooses to work additional 177
hours or shifts during the same or following pay period, in lieu of hours 178
or shifts missed, shall not use accrued paid sick leave.] 179 Substitute Bill No. 312
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(e) An employee who is exempt from overtime requirements under 180
the provisions of 29 USC 213 (a)(1), as amended from time to time, shall 181
be assumed to work forty hours in each work week for purposes of paid 182
sick leave accrual, unless their normal work week is less than forty 183
hours, in which case paid sick leave shall accrue based upon the hours 184
worked in that normal work week. 185
(f) If an employee is transferred to a separate division, entity or 186
location but remains employed by the same employer, the employee 187
shall retain and be entitled to use all paid sick leave accrued or received 188
by the employee at the prior division, entity or location. If a different 189
employer succeeds or takes the place of an existing employer, each 190
employee of the original employer, who remains employed by the 191
successor employer, shall retain and be entitled to use all paid sick leave 192
the employee accrued or received while employed by the original 193
employer. 194
(g) An employer may not require, as a condition of an employee 195
taking paid sick leave, that the employee search for or find a 196
replacement worker to cover the hours for which the employee is using 197
paid sick leave. 198
[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 199
any employee, or (3) transfer any employee from one worksite to 200
another solely in order to not qualify as an employer, as defined in 201
section 31-57r, as amended by this act. 202
Sec. 3. Section 31-57t of the general statutes is repealed and the 203
following is substituted in lieu thereof (Effective July 1, 2022): 204
(a) An employer shall permit [a service worker] an employee to use 205
the paid sick leave accrued pursuant to section 31-57s, as amended by 206
this act: 207
(1) For (A) [a service worker's] an employee's illness, injury or health 208
condition, (B) the medical diagnosis, care or treatment of [a service 209
worker's] an employee's mental illness or physical illness, injury or 210 Substitute Bill No. 312
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health condition, or (C) preventative medical care for [a service worker] 211
an employee; 212
(2) For (A) [a service worker's child's or spouse's] an employee's 213
family member's illness, injury or health condition, (B) the medical 214
diagnosis, care or treatment of [a service worker's child's or spouse's] an 215
employee's family member's mental or physical illness, injury or health 216
condition, or (C) preventative medical care for a [child or spouse of a 217
service worker; and] family member of an employee; 218
(3) For (A) closure of the employer's place of business by order of a 219
public official due to a public health emergency, (B) an employee's need 220
to care for a family member whose school or place of care has been 221
closed by order of a public official due to a public health emergency, or 222
(C) an employee's need to care for oneself or a family member when it 223
is determined, by (i) a health authority having jurisdiction, (ii) an 224
employer of the employee or employee's family member, or (iii) a health 225
care provider, that the employee or family member's presence in the 226
community may jeopardize the health of others because of such 227
employee's exposure to a communicable illness, whether or not the 228
employee or family member has actually contracted the communicable 229
illness; and 230
[(3)] (4) Where [a service worker] an employee or an employee's 231
family member is a victim of family violence or sexual assault, (A) for 232
medical care or psychological or other counseling for physical or 233
psychological injury or disability, (B) to obtain services from a victim 234
services organization, (C) to relocate due to such family violence or 235
sexual assault, or (D) to participate in any civil or criminal proceedings 236
related to or resulting from such family violence or sexual assault. 237
(b) If [a service worker's] an employee's need to use paid sick leave is 238
foreseeable, an employer may require advance notice, not to exceed 239
seven days prior to the date such leave is to begin, of the intention to use 240
such leave. If [a service worker's] an employee's need for such leave is 241
not foreseeable, an employer may require [a service worker] an 242 Substitute Bill No. 312
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employee to give notice of such intention as soon as practicable. For paid 243
sick leave of three or more consecutive days, an employer may require 244
reasonable documentation that such leave is being taken for one of the 245
purposes permitted under subsection (a) of this section. If such leave is 246
permitted under subdivision (3) of subsection (a) of this section, a 247
written statement from the employee affirming that the employee is 248
taking or has taken paid sick leave for a qualifying purpose of 249
subdivision (3) of subsection (a) of this section shall be considered 250
reasonable documentation. Such written statement for leave pursuant 251
to subdivision (3) of subsection (a) of this section may be written in the 252
employee's first language and need not be notarized or in any particular 253
format. If such leave is permitted under subdivision (1) or (2) of 254
subsection (a) of this section, documentation signed by a health care 255
provider who is treating the [service worker] employee or the [service 256
worker's child or spouse] employee's family member indicating the 257
need for the number of days of such leave shall be considered 258
reasonable documentation. If such leave is permitted under subdivision 259
[(3)] (4) of subsection (a) of this section, a court record or documentation 260
signed by [a service worker] an employee or volunteer working for a 261
victim services organization, an attorney, a police officer or other 262
counselor involved with the [service worker] employee shall be 263
considered reasonable documentation. An employer may not require 264
such documentation to explain the nature of the illness or the details of 265
the family violence or sexual assault. If an employer chooses to require 266
documentation for paid sick leave under this section and the employer 267
does not offer health insurance to the employee, the employer shall pay 268
all out-of-pocket expenses the employee incurs in obtaining the 269
documentation. If the employee has health insurance, the employer 270
shall pay any costs charged to the employee by the health care provider 271
for providing the specific documentation required by the employer. The 272
employer shall pay any costs charged to the employee for 273
documentation of family violence or sexual assault required by the 274
employer. 275
(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 276 Substitute Bill No. 312
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this act, shall be deemed to require any employer to provide paid sick 277
leave for [a service worker's] an employee's leave for any purpose other 278
than those described in this section. 279
(d) Unless an employee policy or collective bargaining agreement 280
provides for the payment of accrued fringe benefits upon termination, 281
no [service worker] employee shall be entitled to payment of unused 282
paid accrued sick leave under this section upon termination of 283
employment. 284
(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 285
this act, shall be construed to prohibit an employer from taking 286
disciplinary action against [a service worker] an employee who uses 287
paid sick leave provided under said sections [31-57s to 31-57w, 288
inclusive,] for purposes other than those described in this section. 289
Sec. 4. Section 31-57u of the general statutes is repealed and the 290
following is substituted in lieu thereof (Effective July 1, 2022): 291
(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 292
this act, shall be construed to (1) prevent employers from providing 293
more paid sick leave than is required under said sections, [31-57s to 31-294
57w, inclusive,] (2) diminish any rights provided to any employee [or 295
service worker] under a collective bargaining agreement, or (3) preempt 296
or override the terms of any collective bargaining agreement effective 297
prior to January 1, 2012. 298
(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 299
this act, shall be construed to prohibit an employer (1) from establishing 300
a policy whereby [a service worker] an employee may donate unused 301
accrued paid sick leave to another [service worker] employee, and (2) 302
who provides more paid sick leave than is required under sections 31-303
57s to 31-57w, inclusive, as amended by this act, for the purposes 304
described in subdivision (1) of subsection (a) of section 31-57t, as 305
amended by this act, from limiting the amount of such leave [a service 306
worker] an employee may use for other purposes. 307 Substitute Bill No. 312
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(c) Any termination of [a service worker's] an employee's 308
employment by an employer, whether voluntary or involuntary, shall 309
be construed as a break in service. Should any [service worker] 310
employee subsequently be rehired by the employer following a break in 311
service, the [service worker] employee shall (1) begin to accrue sick 312
leave [in accordance with section 31-57s] immediately upon rehire, and 313
(2) shall [not] be entitled to any unused hours of paid sick leave that had 314
been accrued prior to the [service worker's] employee's break in service. 315
[unless agreed to by the employer.] 316
Sec. 5. Section 31-57v of the general statutes is repealed and the 317
following is substituted in lieu thereof (Effective July 1, 2022): 318
(a) No employer shall take retaliatory personnel action or 319
discriminate against an employee because the employee (1) requests or 320
uses paid sick leave either in accordance with sections 31-57s and 31-57t, 321
as amended by this act, or in accordance with the employer's own paid 322
sick leave policy, as the case may be, or (2) files a complaint with the 323
Labor Commissioner alleging the employer's violation of sections 31-57s 324
to 31-57w, inclusive, as amended by this act. 325
(b) The Labor Commissioner shall advise any employee who (1) is 326
covered by a collective bargaining agreement that provides for paid sick 327
days, and (2) files a complaint pursuant to subsection (a) of this section 328
of [his or her] the employee's right to pursue a grievance with [his or 329
her] the employee's collective bargaining agent. 330
(c) Any employee aggrieved by a violation of the provisions of 331
sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 332
complaint with the Labor Commissioner. Upon receipt of any such 333
complaint, said commissioner may hold a hearing. After the hearing, 334
any employer who is found by the Labor Co mmissioner, by a 335
preponderance of the evidence, to have violated the provisions of 336
subsection (a) of this section shall be liable to the Labor Department for 337
a civil penalty of five hundred dollars for each violation. Any employer 338
who is found by the Labor Commissioner, by a preponderance of the 339 Substitute Bill No. 312
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evidence, to have violated the provisions of sections 31-57s to 31-57u, 340
inclusive, as amended by this act, or section 31-57w, as amended by this 341
act, shall be liable to the Labor Department for a civil penalty of up to 342
one hundred dollars for each violation. The Labor Commissioner may 343
award the employee all appropriate relief, including the payment for 344
used paid sick leave, rehiring or reinstatement to the employee's 345
previous job, payment of back wages and reestablishment of employee 346
benefits to which the employee otherwise would have been eligible if 347
the employee had not been subject to such retaliatory personnel action 348
or discriminated against. Any party aggrieved by the decision of the 349
commissioner may appeal the decision to the Superior Court in 350
accordance with the provisions of chapter 54. 351
(d) The Labor Commissioner, the Attorney General or any person 352
aggrieved by a violation of any provision of sections 31-57s to 31-57w, 353
inclusive, as amended by this act, or any entity a member of which is 354
aggrieved by a violation of said sections, may bring a civil action in a 355
court of competent jurisdiction against the employer for such violation. 356
Such action may be brought by a person aggrieved by violation of this 357
section without first filing an administrative complaint. 358
[(d)] (e) The Labor Commissioner shall administer this section within 359
available appropriations. 360
Sec. 6. Section 31-57w of the general statutes is repealed and the 361
following is substituted in lieu thereof (Effective July 1, 2022): 362
(a) Each employer subject to the provisions of section 31-57s, as 363
amended by this act, shall, at the time of hiring, provide notice to each 364
[service worker] employee (1) of the entitlement to sick leave for [service 365
workers] employees, the amount of sick leave provided to [service 366
workers] employees and the terms under which sick leave may be used, 367
(2) that retaliation by the employer against the [service worker] 368
employee for requesting or using sick leave for which the [service 369
worker] employee is eligible is prohibited, and (3) that the [service 370
worker] employee has a right to file a complaint with the Labor 371 Substitute Bill No. 312
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Commissioner for any violation of this section and of sections 31-57s to 372
31-57v, inclusive, as amended by this act. [Employers] Each employer 373
[may] shall comply with the provisions of this section by (A) displaying 374
a poster in a conspicuous place, accessible to [service workers] 375
employees, at the employer's place of business that contains the 376
information required by this section in both English and Spanish, except 377
in the case where the employer does not maintain a physical workplace 378
or an employee teleworks or performs work through a web-based or 379
application-based platform, notification shall be sent via electronic 380
communication or a conspicuous posting on a web -based or 381
application-based platform, and (B) providing written notice to each 382
employee not later than January 1, 2023, or at the time of hire, whichever 383
is later. The Labor Commissioner [may adopt regulations, in accordance 384
with chapter 54, to establish additional requirements concerning the 385
means by which employers shall provide such notice. The Labor 386
Commissioner shall administer this section within available 387
appropriations] shall provide such posters and model written notice to 388
all employers. Each employer shall include in the record of hours 389
worked, wages earned and deductions required by section 31-13a, the 390
number of hours, if any, of paid sick leave accrued or received by the 391
employee and the number of hours of paid sick leave used by the 392
employee in the calendar year. 393
(b) Each employer shall retain records documenting hours worked by 394
employees and paid sick leave taken by employees for a period of three 395
years and shall allow the Labor Commissioner access to such records, 396
with appropriate notice and at a mutually agreeable time, to monitor 397
compliance with the requirements of this section. When an issue arises 398
as to an employee's entitlement to paid sick leave under this section, if 399
the employer does not maintain or retain adequate records 400
documenting hours worked by the employee and paid sick leave taken 401
by the employee or does not allow reasonable access to such records, it 402
shall be presumed that the employer has violated this section, absent 403
clear and convincing evidence otherwise. 404 Substitute Bill No. 312
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(c) The Labor Commissioner may coordinate implementation and 405
enforcement of this section and sections 31-57s to 31-57v, inclusive, as 406
amended by this act, and shall adopt regulations in accordance with the 407
provisions of chapter 54 to implement the provisions of said sections. 408
(d) The Labor Commissioner may develop and i mplement a 409
multilingual outreach program to inform employees, parents and 410
persons who are under the care of a health care provider about the 411
availability of paid sick leave. Such program shall include the 412
distribution of notices and other written materials in English, Spanish 413
and any language that is the first language spoken by not less than five 414
per cent of the state's population to all child care and elder care 415
providers, domestic violence shelters, schools, hospitals, community 416
health centers and other health care providers. 417
(e) The Labor Commissioner shall administer this section within 418
available appropriations. 419
Sec. 7. Subsection (a) of section 31-397 of the general statutes is 420
repealed and the following is substituted in lieu thereof (Effective July 1, 421
2022): 422
(a) The Labor Commissioner, in consultation with the Commissioner 423
of Public Health, shall encourage the development of occupational 424
health clinics by making grants-in-aid to public and nonprofit 425
organizations. Such grants-in-aid shall be used to facilitate the 426
development and operation of such clinics, including, but not limited to, 427
preproject development, site acquisition, development, improvement 428
and operating expenses. Such grants-in-aid may be used for activities 429
involved in occupational disease evaluation, treatment and prevention, 430
particularly when such activities are not compensated by other sources. 431
Priority for such grants-in-aid may be given to organizations providing 432
services for working age populations, including, but not limited to, 433
migrant and contingent workers, where health disparities or work 434
structure interfere with the provision of occupational health care 435
services. Such grants-in-aid shall not be used to compensate any 436 Substitute Bill No. 312
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occupational health clinic for any activities that utilize commercial 437
services or involve grants or contracts received from an outside party. 438
The commissioner shall consult with the Occupational Health Clinics 439
Advisory Board prior to making any such grant. For purposes of this 440
subsection, "contingent worker" means an individual whose 441
employment is of a temporary and sporadic nature and may include, 442
but need not be limited to, (1) an agricultural worker, (2) an independent 443
contractor, as defined in section 36a-485, or [a day or temporary worker, 444
as defined in section 31-57r] (3) an individual who performs work for 445
another on (A) a per diem basis, or (B) an occasional or irregular basis 446
for only the time required to complete such work, whether such 447
individual is paid by the person for whom such work is performed or 448
by an employment agency or temporary help service, as defined in 449
section 31-129. 450
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 July 1, 2022 31-397(a)
Statement of Legislative Commissioners:
In Section 1(1) "person" was changed to "an employee" for clarity; in
Section 3(a)(2) "an employee's" was added before "family member's" for
clarity and in Subpara. (C) "of an employee" was added after "family
member" for clarity; in Section 3(a)(3) subparagraph and clause
designators were added and "an employee's need to" was added after
subparagraph designator (C) for clarity; and in Section 3(b) "employee's"
was added before "family member" for clarity.
LAB Joint Favorable Subst.