Connecticut 2022 Regular Session

Connecticut Senate Bill SB00312 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	fGeneral Assembly Substitute Bill No. 312
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	6	+	LCO No. 2501 1 of 23
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	8	+	General Assembly Raised Bill No. 312
8	9		February Session, 2022
	10	+	LCO No. 2501
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	12	+
	13	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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	15	+
	16	+	Introduced by:
	17	+	(LAB)
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14	22		AN ACT CONCERNING THE EXPANSION OF CONNECTICUT PAID
15	23		SICK DAYS.
16	24		Be it enacted by the Senate and House of Representatives in General
17	25		Assembly convened:
18	26
19	27		Section 1. Section 31-57r of the general statutes is repealed and the 1
20	28		following is substituted in lieu thereof (Effective July 1, 2022): 2
21	29		As used in this section and sections 31-57s to 31-57w, inclusive, as 3
22	30		amended by this act: 4
23	31		(1) "Child" means (A) a biological, adopted or foster child, stepchild, 5
24		-	legal ward of [a service worker] an employee, or (B) a child of [a service 6
25		-	worker] an employee standing in loco parentis [, who is (A) under 7
26		-	eighteen years of age; or (B) eighteen years of age or older and incapable 8
27		-	of self-care because of a mental or physical disability] or an individual 9
28		-	to whom the employee stood in loco parentis when the individual was 10
29		-	a child; 11
30		-	[(2) "Day or temporary worker" means an individual who performs 12
31		-	work for another on (A) a per diem basis, or (B) an occasional or 13
32		-	irregular basis for only the time required to complete such work, 14
33		-	whether such individual is paid by the person for whom such work is 15
34		-	performed or by an employment agency or temporary help service, as 16
35		-	defined in section 31-129;] 17 Substitute Bill No. 312
	32	+	legal ward of [a service worker] an employee, or (B) a child of a [service 6
	33	+	worker] person standing in loco parentis [, who is (A) under eighteen 7
	34	+	years of age; or (B) eighteen years of age or older and incapable of self-8
	35	+	care because of a mental or physical disability] or an individual to whom 9
	36	+	the employee stood in loco parentis when the individual was a child; 10
	37	+	[(2) "Day or temporary worker" means an individual who performs 11
	38	+	work for another on (A) a per diem basis, or (B) an occasional or 12
	39	+	irregular basis for only the time required to complete such work, 13
	40	+	whether such individual is paid by the person for whom such work is 14 Raised Bill No. 312
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42		-	[(3)] (2) "Employee" means an individual engaged in service to an 18
43		-	employer in the business of the employer; 19
44		-	[(4)] (3) "Employer" means any person, firm, business, educational 20
45		-	institution, nonprofit agency, corporation, limited liability company or 21
46		-	other entity, [that employs fifty or more individuals in the state, which 22
47		-	shall be determined based on such person's, firm's, business', 23
48		-	educational institution's, nonprofit agency's, corporation's, limited 24
49		-	liability company's or other entity's payroll for the week containing 25
50		-	October first, annually. "Employer" does not include: (A) Any business 26
51		-	establishment classified in sector 31, 32 or 33 in the North American 27
52		-	Industrial Classification System, or (B) any nationally chartered 28
53		-	organization exempt from taxation under Section 501(c)(3) of the 29
54		-	Internal Revenue Code of 1986, or any subsequent corresponding 30
55		-	internal revenue code of the United States, as from time to time 31
56		-	amended, that provides all of the following services: Recreation, child 32
57		-	care and education] provided, for purposes of this section, the Personal 33
58		-	Care Attendant Workforce Council established under section 17b-706a 34
59		-	shall be deemed the employer of any personal care attendants, as 35
60		-	defined in section 17b-706; 36
61		-	(4) "Family member" means a spouse, sibling, child, grandparent, 37
62		-	grandchild or parent or an individual related to the employee by blood 38
63		-	or affinity whose close association with the employee is the equivalent 39
64		-	of any such family relationship; 40
65		-	(5) "Family violence" has the same meaning as provided in section 41
66		-	46b-38a; 42
67		-	(6) "Grandchild" means a grandchild related to a person by: (A) 43
68		-	Blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 44
69		-	foster care by a child of the grandparent; 45
70		-	(7) "Parent" means a biological parent, foster parent, adoptive parent, 46
71		-	stepparent, parent-in-law or legal guardian of an employee or an 47
72		-	employee's spouse, an individual standing in loco parentis to an 48 Substitute Bill No. 312
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	45	+
	46	+	performed or by an employment agency or temporary help service, as 15
	47	+	defined in section 31-129;] 16
	48	+	[(3)] (2) "Employee" means an individual engaged in service to an 17
	49	+	employer in the business of the employer; 18
	50	+	[(4)] (3) "Employer" means any person, firm, business, educational 19
	51	+	institution, nonprofit agency, corporation, limited liability company or 20
	52	+	other entity, [that employs fifty or more individuals in the state, which 21
	53	+	shall be determined based on such person's, firm's, business', 22
	54	+	educational institution's, nonprofit agency's, corporation's, limited 23
	55	+	liability company's or other entity's payroll for the week containing 24
	56	+	October first, annually. "Employer" does not include: (A) Any business 25
	57	+	establishment classified in sector 31, 32 or 33 in the North American 26
	58	+	Industrial Classification System, or (B) any nationally chartered 27
	59	+	organization exempt from taxation under Section 501(c)(3) of the 28
	60	+	Internal Revenue Code of 1986, or any subsequent corresponding 29
	61	+	internal revenue code of the United States, as from time to time 30
	62	+	amended, that provides all of the following services: Recreation, child 31
	63	+	care and education] provided, for purposes of this section, the Personal 32
	64	+	Care Attendant Workforce Council established under section 17b-706a 33
	65	+	shall be deemed the employer of any personal care attendants, as 34
	66	+	defined in section 17b-706; 35
	67	+	(4) "Family member" means a spouse, sibling, child, grandparent, 36
	68	+	grandchild or parent or an individual related to the employee by blood 37
	69	+	or affinity whose close association with the employee is the equivalent 38
	70	+	of any such family relationship; 39
	71	+	(5) "Family violence" has the same meaning as provided in section 40
	72	+	46b-38a; 41
	73	+	(6) "Grandchild" means a grandchild related to a person by: (A) 42
	74	+	Blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) 43
	75	+	foster care by a child of the grandparent; 44
	76	+	(7) "Parent" means a biological parent, foster parent, adoptive parent, 45 Raised Bill No. 312
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79		-	employee or an individual who stood in loco parentis to the employee 49
80		-	when the employee was a child; 50
81		-	(8) "Paid sick leave" means paid time that is provided by an employer 51
82		-	to an employee for the purposes described in section 31-57t, as amended 52
83		-	by this act; 53
84		-	[(6)] (9) "Retaliatory personnel action" means any termination, 54
85		-	suspension, constructive discharge, dem otion, unfavorable 55
86		-	reassignment, refusal to promote, disciplinary action or other adverse 56
87		-	employment action taken by an employer against an employee; [or a 57
88		-	service worker;] 58
89		-	[(7) "Service worker" means an employee primarily engaged in an 59
90		-	occupation with one of the following broad or detailed occupation code 60
91		-	numbers and titles, as defined by the federal Bureau of Labor Statistics 61
92		-	Standard Occupational Classification system or any successor system: 62
93		-	(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 63
94		-	Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 64
95		-	Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 65
96		-	21-1099 Community and Social Service Specialists, All Other; (G) 25-66
97		-	4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 67
98		-	Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-68
99		-	1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 69
100		-	Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 70
101		-	Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 71
102		-	Practitioner Support Technologists and Technicians; (R) 29-2060 72
103		-	Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 73
104		-	Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 74
105		-	31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 75
106		-	Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 76
107		-	Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 77
108		-	Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 78
109		-	(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 79
110		-	(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 80
111		-	Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 81 Substitute Bill No. 312
	80	+	LCO No. 2501 3 of 23
	81	+
	82	+	stepparent, parent-in-law or legal guardian of an employee or an 46
	83	+	employee's spouse, an individual standing in loco parentis to an 47
	84	+	employee or an individual who stood in loco parentis to the employee 48
	85	+	when the employee was a child; 49
	86	+	(8) "Paid sick leave" means paid time that is provided by an employer 50
	87	+	to an employee for the purposes described in section 31-57t, as amended 51
	88	+	by this act; 52
	89	+	[(6)] (9) "Retaliatory personnel action" means any termination, 53
	90	+	suspension, constructive discharge, demotion, unfavorable 54
	91	+	reassignment, refusal to promote, disciplinary action or other adverse 55
	92	+	employment action taken by an employer against an employee; [or a 56
	93	+	service worker;] 57
	94	+	[(7) "Service worker" means an employee primarily engaged in an 58
	95	+	occupation with one of the following broad or detailed occupation code 59
	96	+	numbers and titles, as defined by the federal Bureau of Labor Statistics 60
	97	+	Standard Occupational Classification system or any successor system: 61
	98	+	(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 62
	99	+	Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 63
	100	+	Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 64
	101	+	21-1099 Community and Social Service Specialists, All Other; (G) 25-65
	102	+	4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 66
	103	+	Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-67
	104	+	1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 68
	105	+	Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 69
	106	+	Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 70
	107	+	Practitioner Support Technologists and Technicians; (R) 29-2060 71
	108	+	Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 72
	109	+	Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 73
	110	+	31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 74
	111	+	Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 75
	112	+	Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 76
	113	+	Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 77
	114	+	(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 78 Raised Bill No. 312
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118		-	and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 82
119		-	and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 83
120		-	Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-84
121		-	2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 85
122		-	(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 86
123		-	Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 87
124		-	Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 88
125		-	Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 89
126		-	(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 90
127		-	of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 91
128		-	Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 92
129		-	(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 93
130		-	Receptionists and Information Clerks; (YY) 43-5020 Couriers and 94
131		-	Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 95
132		-	(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 96
133		-	Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 97
134		-	(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 98
135		-	43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 99
136		-	(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 100
137		-	Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 101
138		-	Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 102
139		-	Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 103
140		-	(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 104
141		-	Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 105
142		-	(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 106
143		-	Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 107
144		-	Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 108
145		-	and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 109
146		-	wage and overtime compensation requirements of the Fair Labor 110
147		-	Standards Act of 1938 and the regulations promulgated thereunder, as 111
148		-	amended from time to time. "Service worker" does not include day or 112
149		-	temporary workers;] 113
150		-	[(8)] (10) "Sexual assault" means any act that constitutes a violation of 114
151		-	section 53a-70b of the general statutes, revision of 1958, revised to 115 Substitute Bill No. 312
	118	+	LCO No. 2501 4 of 23
	119	+
	120	+	(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 79
	121	+	Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 80
	122	+	and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 81
	123	+	and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 82
	124	+	Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-83
	125	+	2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 84
	126	+	(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 85
	127	+	Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 86
	128	+	Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 87
	129	+	Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 88
	130	+	(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 89
	131	+	of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 90
	132	+	Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 91
	133	+	(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 92
	134	+	Receptionists and Information Clerks; (YY) 43-5020 Couriers and 93
	135	+	Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 94
	136	+	(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 95
	137	+	Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 96
	138	+	(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 97
	139	+	43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 98
	140	+	(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 99
	141	+	Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 100
	142	+	Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 101
	143	+	Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 102
	144	+	(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 103
	145	+	Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 104
	146	+	(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 105
	147	+	Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 106
	148	+	Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 107
	149	+	and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 108
	150	+	wage and overtime compensation requirements of the Fair Labor 109
	151	+	Standards Act of 1938 and the regulations promulgated thereunder, as 110
	152	+	amended from time to time. "Service worker" does not include day or 111
	153	+	temporary workers;] 112 Raised Bill No. 312
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158		-	January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 116
159		-	53a-73a; 117
160		-	(11) "Sibling" means a brother or sister related to a person by: (A) 118
161		-	Blood, (B) marriage, (C) adoption by a parent of the person, or (D) foster 119
162		-	care placement; 120
163		-	[(9)] (12) "Spouse" means a husband or wife, as the case may be; and 121
164		-	[(10)] (13) "Year" means any three-hundred-sixty-five-day period 122
165		-	used by an employer to calculate employee benefits. 123
166		-	Sec. 2. Section 31-57s of the general statutes is repealed and the 124
167		-	following is substituted in lieu thereof (Effective July 1, 2022): 125
168		-	(a) Each employer shall provide paid sick leave annually to each of 126
169		-	such employer's [service workers] employees in the state. Such paid sick 127
170		-	leave shall accrue (1) beginning [January 1, 2012] July 1, 2022, or for [a 128
171		-	service worker] an employee hired after said date, beginning on the 129
172		-	[service worker's] employee's first date of employment, (2) at a rate of 130
173		-	one hour of paid sick leave for each [forty] thirty hours worked by [a 131
174		-	service worker] the employee, and (3) in one-hour increments up to a 132
175		-	maximum of forty hours per year. Each [service worker] employee shall 133
176		-	be entitled to carry over up to forty unused accrued hours of paid sick 134
177		-	leave from the current year to the following year, but no [service 135
178		-	worker] employee shall be entitled to use more, in any year, than the 136
179		-	maximum number of accrued hours, as described in subdivision (3) of 137
180		-	this subsection. [, in any year] An employer may provide all paid sick 138
181		-	leave that an employee is expected to accrue in a year at the beginning 139
182		-	of the year. 140
183		-	(b) [A service worker] An employee shall be entitled to the use of 141
184		-	accrued paid sick leave [upon the completion of the service worker's six-142
185		-	hundred-eightieth hour of employment from January 1, 2012, if the 143
186		-	service worker was hired prior to January 1, 2012, or if hired after 144
187		-	January 1, 2012, upon the completion of the service worker's six-145
188		-	hundred-eightieth hour of employment from the date of hire, unless the 146 Substitute Bill No. 312
	157	+	LCO No. 2501 5 of 23
	158	+
	159	+	[(8)] (10) "Sexual assault" means any act that constitutes a violation of 113
	160	+	section 53a-70b of the general statutes, revision of 1958, revised to 114
	161	+	January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 115
	162	+	53a-73a; 116
	163	+	(11) "Sibling" means a brother or sister related to a person by: (A) 117
	164	+	Blood, (B) marriage, (C) adoption by a parent of the person, or (D) foster 118
	165	+	care placement; 119
	166	+	[(9)] (12) "Spouse" means a husband or wife, as the case may be; and 120
	167	+	[(10)] (13) "Year" means any three-hundred-sixty-five-day period 121
	168	+	used by an employer to calculate employee benefits. 122
	169	+	Sec. 2. Section 31-57s of the general statutes is repealed and the 123
	170	+	following is substituted in lieu thereof (Effective July 1, 2022): 124
	171	+	(a) Each employer shall provide paid sick leave annually to each of 125
	172	+	such employer's [service workers] employees in the state. Such paid sick 126
	173	+	leave shall accrue (1) beginning [January 1, 2012] July 1, 2022, or for [a 127
	174	+	service worker] an employee hired after said date, beginning on the 128
	175	+	[service worker's] employee's first date of employment, (2) at a rate of 129
	176	+	one hour of paid sick leave for each [forty] thirty hours worked by [a 130
	177	+	service worker] the employee, and (3) in one-hour increments up to a 131
	178	+	maximum of forty hours per year. Each [service worker] employee shall 132
	179	+	be entitled to carry over up to forty unused accrued hours of paid sick 133
	180	+	leave from the current year to the following year, but no [service 134
	181	+	worker] employee shall be entitled to use more, in any year, than the 135
	182	+	maximum number of accrued hours, as described in subdivision (3) of 136
	183	+	this subsection. [, in any year] An employer may provide all paid sick 137
	184	+	leave that an employee is expected to accrue in a year at the beginning 138
	185	+	of the year. 139
	186	+	(b) [A service worker] An employee shall be entitled to the use of 140
	187	+	accrued paid sick leave [upon the completion of the service worker's six-141
	188	+	hundred-eightieth hour of employment from January 1, 2012, if the 142
	189	+	service worker was hired prior to January 1, 2012, or if hired after 143 Raised Bill No. 312
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195		-	employer agrees to an earlier date. A service worker shall not be entitled 147
196		-	to the use of accrued paid sick leave if such service worker did not work 148
197		-	an average of ten or more hours per week for the employer in the most 149
198		-	recent complete quarter] as it is accrued. Alternatively, in lieu of 150
199		-	carryover of unused paid sick leave provided pursuant to this 151
200		-	subsection from one year to the next, an employer may pay an employee 152
201		-	for unused paid sick leave provided pursuant to this subsection at the 153
202		-	end of a year and provide the employee with an amount of paid sick 154
203		-	leave that meets or exceeds the requirements of this subsection that is 155
204		-	available for the employee's immediate use at the beginning of the 156
205		-	following year. 157
206		-	(c) An employer shall be deemed to be in compliance with this section 158
207		-	if the employer offers any other paid leave, or combination of other paid 159
208		-	leave that (1) may be used for the purposes of, and under the same 160
209		-	conditions as provided in, section 31-57t, as amended by this act, and (2) 161
210		-	is accrued in total at a rate equal to or greater than the rate described in 162
211		-	[subsections] subsection (a) [and (b)] of this section. For the purposes of 163
212		-	this subsection, "other paid leave" may include, but need not be limited 164
213		-	to, paid vacation, personal days or paid time off. 165
214		-	(d) Each employer shall pay each [service worker] employee for paid 166
215		-	sick leave at a pay rate equal to the greater of either (1) the normal 167
216		-	hourly wage for that [service worker] employee, or (2) the minimum fair 168
217		-	wage rate, under section 31-58, in effect for the pay period during which 169
218		-	the employee used paid sick leave. For any [service worker] employee 170
219		-	whose hourly wage varies depending on the work performed by the 171
220		-	[service worker] employee, "normal hourly wage" means the average 172
221		-	hourly wage of the [service worker] employee in the pay period prior to 173
222		-	the one in which the [service worker] employee used paid sick leave. 174
223		-	[(e) Notwithstanding the provisions of this section and sections 31-175
224		-	57t to 31-57w, inclusive, and upon the mutual consent of the service 176
225		-	worker and employer, a service worker who chooses to work additional 177
226		-	hours or shifts during the same or following pay period, in lieu of hours 178
227		-	or shifts missed, shall not use accrued paid sick leave.] 179 Substitute Bill No. 312
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	194	+
	195	+	January 1, 2012, upon the completion of the service worker's six-144
	196	+	hundred-eightieth hour of employment from the date of hire, unless the 145
	197	+	employer agrees to an earlier date. A service worker shall not be entitled 146
	198	+	to the use of accrued paid sick leave if such service worker did not work 147
	199	+	an average of ten or more hours per week for the employer in the most 148
	200	+	recent complete quarter] as it is accrued. Alternatively, in lieu of 149
	201	+	carryover of unused paid sick leave provided pursuant to this 150
	202	+	subsection from one year to the next, an employer may pay an employee 151
	203	+	for unused paid sick leave provided pursuant to this subsection at the 152
	204	+	end of a year and provide the employee with an amount of paid sick 153
	205	+	leave that meets or exceeds the requirements of this subsection that is 154
	206	+	available for the employee's immediate use at the beginning of the 155
	207	+	following year. 156
	208	+	(c) An employer shall be deemed to be in compliance with this section 157
	209	+	if the employer offers any other paid leave, or combination of other paid 158
	210	+	leave that (1) may be used for the purposes of, and under the same 159
	211	+	conditions as provided in, section 31-57t, as amended by this act, and (2) 160
	212	+	is accrued in total at a rate equal to or greater than the rate described in 161
	213	+	[subsections] subsection (a) [and (b)] of this section. For the purposes of 162
	214	+	this subsection, "other paid leave" may include, but need not be limited 163
	215	+	to, paid vacation, personal days or paid time off. 164
	216	+	(d) Each employer shall pay each [service worker] employee for paid 165
	217	+	sick leave at a pay rate equal to the greater of either (1) the normal 166
	218	+	hourly wage for that [service worker] employee, or (2) the minimum fair 167
	219	+	wage rate, under section 31-58, in effect for the pay period during which 168
	220	+	the employee used paid sick leave. For any [service worker] employee 169
	221	+	whose hourly wage varies depending on the work performed by the 170
	222	+	[service worker] employee, "normal hourly wage" means the average 171
	223	+	hourly wage of the [service worker] employee in the pay period prior to 172
	224	+	the one in which the [service worker] employee used paid sick leave. 173
	225	+	[(e) Notwithstanding the provisions of this section and sections 31-174
	226	+	57t to 31-57w, inclusive, and upon the mutual consent of the service 175
	227	+	worker and employer, a service worker who chooses to work additional 176 Raised Bill No. 312
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234		-	(e) An employee who is exempt from overtime requirements under 180
235		-	the provisions of 29 USC 213 (a)(1), as amended from time to time, shall 181
236		-	be assumed to work forty hours in each work week for purposes of paid 182
237		-	sick leave accrual, unless their normal work week is less than forty 183
238		-	hours, in which case paid sick leave shall accrue based upon the hours 184
239		-	worked in that normal work week. 185
240		-	(f) If an employee is transferred to a separate division, entity or 186
241		-	location but remains employed by the same employer, the employee 187
242		-	shall retain and be entitled to use all paid sick leave accrued or received 188
243		-	by the employee at the prior division, entity or location. If a different 189
244		-	employer succeeds or takes the place of an existing employer, each 190
245		-	employee of the original employer, who remains employed by the 191
246		-	successor employer, shall retain and be entitled to use all paid sick leave 192
247		-	the employee accrued or received while employed by the original 193
248		-	employer. 194
249		-	(g) An employer may not require, as a condition of an employee 195
250		-	taking paid sick leave, that the employee search for or find a 196
251		-	replacement worker to cover the hours for which the employee is using 197
252		-	paid sick leave. 198
253		-	[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 199
254		-	any employee, or (3) transfer any employee from one worksite to 200
255		-	another solely in order to not qualify as an employer, as defined in 201
256		-	section 31-57r, as amended by this act. 202
257		-	Sec. 3. Section 31-57t of the general statutes is repealed and the 203
258		-	following is substituted in lieu thereof (Effective July 1, 2022): 204
259		-	(a) An employer shall permit [a service worker] an employee to use 205
260		-	the paid sick leave accrued pursuant to section 31-57s, as amended by 206
261		-	this act: 207
262		-	(1) For (A) [a service worker's] an employee's illness, injury or health 208
263		-	condition, (B) the medical diagnosis, care or treatment of [a service 209
264		-	worker's] an employee's mental illness or physical illness, injury or 210 Substitute Bill No. 312
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	232	+
	233	+	hours or shifts during the same or following pay period, in lieu of hours 177
	234	+	or shifts missed, shall not use accrued paid sick leave.] 178
	235	+	(e) An employee who is exempt from overtime requirements under 179
	236	+	the provisions of 29 USC 213 (a)(1), as amended from time to time, shall 180
	237	+	be assumed to work forty hours in each work week for purposes of paid 181
	238	+	sick leave accrual, unless their normal work week is less than forty 182
	239	+	hours, in which case paid sick leave shall accrue based upon the hours 183
	240	+	worked in that normal work week. 184
	241	+	(f) If an employee is transferred to a separate division, entity or 185
	242	+	location but remains employed by the same employer, the employee 186
	243	+	shall retain and be entitled to use all paid sick leave accrued or received 187
	244	+	by the employee at the prior division, entity or location. If a different 188
	245	+	employer succeeds or takes the place of an existing employer, each 189
	246	+	employee of the original employer, who remains employed by the 190
	247	+	successor employer, shall retain and be entitled to use all paid sick leave 191
	248	+	the employee accrued or received while employed by the original 192
	249	+	employer. 193
	250	+	(g) An employer may not require, as a condition of an employee 194
	251	+	taking paid sick leave, that the employee search for or find a 195
	252	+	replacement worker to cover the hours for which the employee is using 196
	253	+	paid sick leave. 197
	254	+	[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 198
	255	+	any employee, or (3) transfer any employee from one worksite to 199
	256	+	another solely in order to not qualify as an employer, as defined in 200
	257	+	section 31-57r, as amended by this act. 201
	258	+	Sec. 3. Section 31-57t of the general statutes is repealed and the 202
	259	+	following is substituted in lieu thereof (Effective July 1, 2022): 203
	260	+	(a) An employer shall permit [a service worker] an employee to use 204
	261	+	the paid sick leave accrued pursuant to section 31-57s, as amended by 205
	262	+	this act: 206 Raised Bill No. 312
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271		-	health condition, or (C) preventative medical care for [a service worker] 211
272		-	an employee; 212
273		-	(2) For (A) [a service worker's child's or spouse's] an employee's 213
274		-	family member's illness, injury or health condition, (B) the medical 214
275		-	diagnosis, care or treatment of [a service worker's child's or spouse's] an 215
276		-	employee's family member's mental or physical illness, injury or health 216
277		-	condition, or (C) preventative medical care for a [child or spouse of a 217
278		-	service worker; and] family member of an employee; 218
279		-	(3) For (A) closure of the employer's place of business by order of a 219
280		-	public official due to a public health emergency, (B) an employee's need 220
281		-	to care for a family member whose school or place of care has been 221
282		-	closed by order of a public official due to a public health emergency, or 222
283		-	(C) an employee's need to care for oneself or a family member when it 223
284		-	is determined, by (i) a health authority having jurisdiction, (ii) an 224
285		-	employer of the employee or employee's family member, or (iii) a health 225
286		-	care provider, that the employee or family member's presence in the 226
287		-	community may jeopardize the health of others because of such 227
288		-	employee's exposure to a communicable illness, whether or not the 228
289		-	employee or family member has actually contracted the communicable 229
290		-	illness; and 230
291		-	[(3)] (4) Where [a service worker] an employee or an employee's 231
292		-	family member is a victim of family violence or sexual assault, (A) for 232
293		-	medical care or psychological or other counseling for physical or 233
294		-	psychological injury or disability, (B) to obtain services from a victim 234
295		-	services organization, (C) to relocate due to such family violence or 235
296		-	sexual assault, or (D) to participate in any civil or criminal proceedings 236
297		-	related to or resulting from such family violence or sexual assault. 237
298		-	(b) If [a service worker's] an employee's need to use paid sick leave is 238
299		-	foreseeable, an employer may require advance notice, not to exceed 239
300		-	seven days prior to the date such leave is to begin, of the intention to use 240
301		-	such leave. If [a service worker's] an employee's need for such leave is 241
302		-	not foreseeable, an employer may require [a service worker] an 242 Substitute Bill No. 312
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	267	+
	268	+	(1) For (A) [a service worker's] an employee's illness, injury or health 207
	269	+	condition, (B) the medical diagnosis, care or treatment of [a service 208
	270	+	worker's] an employee's mental illness or physical illness, injury or 209
	271	+	health condition, or (C) preventative medical care for [a service worker] 210
	272	+	an employee; 211
	273	+	(2) For (A) a [service worker's child's or spouse's] family member's 212
	274	+	illness, injury or health condition, (B) the medical diagnosis, care or 213
	275	+	treatment of a [service worker's child's or spouse's] family member's 214
	276	+	mental or physical illness, injury or health condition, or (C) preventative 215
	277	+	medical care for a [child or spouse of a service worker; and] family 216
	278	+	member; 217
	279	+	(3) For closure of the employer's place of business by order of a public 218
	280	+	official due to a public health emergency or an employee's need to care 219
	281	+	for a family member whose school or place of care has been closed by 220
	282	+	order of a public official due to a public health emergency, or to care for 221
	283	+	oneself or a family member when it is determined, by a health authority 222
	284	+	having jurisdiction, an employer of the employee or employee's family 223
	285	+	member or a health care provider, that the employee or family member's 224
	286	+	presence in the community may jeopardize the health of others because 225
	287	+	of such employee's exposure to a communicable illness, whether or not 226
	288	+	the employee or family member has actually contracted the 227
	289	+	communicable illness; and 228
	290	+	[(3)] (4) Where [a service worker] an employee or an employee's 229
	291	+	family member is a victim of family violence or sexual assault (A) for 230
	292	+	medical care or psychological or other counseling for physical or 231
	293	+	psychological injury or disability, (B) to obtain services from a victim 232
	294	+	services organization, (C) to relocate due to such family violence or 233
	295	+	sexual assault, or (D) to participate in any civil or criminal proceedings 234
	296	+	related to or resulting from such family violence or sexual assault. 235
	297	+	(b) If [a service worker's] an employee's need to use paid sick leave is 236
	298	+	foreseeable, an employer may require advance notice, not to exceed 237
	299	+	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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309		-	employee to give notice of such intention as soon as practicable. For paid 243
310		-	sick leave of three or more consecutive days, an employer may require 244
311		-	reasonable documentation that such leave is being taken for one of the 245
312		-	purposes permitted under subsection (a) of this section. If such leave is 246
313		-	permitted under subdivision (3) of subsection (a) of this section, a 247
314		-	written statement from the employee affirming that the employee is 248
315		-	taking or has taken paid sick leave for a qualifying purpose of 249
316		-	subdivision (3) of subsection (a) of this section shall be considered 250
317		-	reasonable documentation. Such written statement for leave pursuant 251
318		-	to subdivision (3) of subsection (a) of this section may be written in the 252
319		-	employee's first language and need not be notarized or in any particular 253
320		-	format. If such leave is permitted under subdivision (1) or (2) of 254
321		-	subsection (a) of this section, documentation signed by a health care 255
322		-	provider who is treating the [service worker] employee or the [service 256
323		-	worker's child or spouse] employee's family member indicating the 257
324		-	need for the number of days of such leave shall be considered 258
325		-	reasonable documentation. If such leave is permitted under subdivision 259
326		-	[(3)] (4) of subsection (a) of this section, a court record or documentation 260
327		-	signed by [a service worker] an employee or volunteer working for a 261
328		-	victim services organization, an attorney, a police officer or other 262
329		-	counselor involved with the [service worker] employee shall be 263
330		-	considered reasonable documentation. An employer may not require 264
331		-	such documentation to explain the nature of the illness or the details of 265
332		-	the family violence or sexual assault. If an employer chooses to require 266
333		-	documentation for paid sick leave under this section and the employer 267
334		-	does not offer health insurance to the employee, the employer shall pay 268
335		-	all out-of-pocket expenses the employee incurs in obtaining the 269
336		-	documentation. If the employee has health insurance, the employer 270
337		-	shall pay any costs charged to the employee by the health care provider 271
338		-	for providing the specific documentation required by the employer. The 272
339		-	employer shall pay any costs charged to the employee for 273
340		-	documentation of family violence or sexual assault required by the 274
341		-	employer. 275
342		-	(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 276 Substitute Bill No. 312
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	304	+
	305	+	such leave. If [a service worker's] an employee's need for such leave is 239
	306	+	not foreseeable, an employer may require [a service worker] an 240
	307	+	employee to give notice of such intention as soon as practicable. For paid 241
	308	+	sick leave of three or more consecutive days, an employer may require 242
	309	+	reasonable documentation that such leave is being taken for one of the 243
	310	+	purposes permitted under subsection (a) of this section. If such leave is 244
	311	+	permitted under subdivision (3) of subsection (a) of this section, a 245
	312	+	written statement from the employee affirming that the employee is 246
	313	+	taking or has taken paid sick leave for a qualifying purpose of 247
	314	+	subdivision (3) of subsection (a) of this section shall be considered 248
	315	+	reasonable documentation. Such written statement for leave pursuant 249
	316	+	to subdivision (3) of subsection (a) of this section may be written in the 250
	317	+	employee's first language and need not be notarized or in any particular 251
	318	+	format. If such leave is permitted under subdivision (1) or (2) of 252
	319	+	subsection (a) of this section, documentation signed by a health care 253
	320	+	provider who is treating the [service worker] employee or the [service 254
	321	+	worker's child or spouse] family member indicating the need for the 255
	322	+	number of days of such leave shall be considered reasonable 256
	323	+	documentation. If such leave is permitted under subdivision [(3)] (4) of 257
	324	+	subsection (a) of this section, a court record or documentation signed by 258
	325	+	[a service worker] an employee or volunteer working for a victim 259
	326	+	services organization, an attorney, a police officer or other counselor 260
	327	+	involved with the [service worker] employee shall be considered 261
	328	+	reasonable documentation. An employer may not require such 262
	329	+	documentation to explain the nature of the illness or the details of the 263
	330	+	family violence or sexual assault. If an employer chooses to require 264
	331	+	documentation for paid sick leave under this section and the employer 265
	332	+	does not offer health insurance to the employee, the employer shall pay 266
	333	+	all out-of-pocket expenses the employee incurs in obtaining the 267
	334	+	documentation. If the employee has health insurance, the employer 268
	335	+	shall pay any costs charged to the employee by the health care provider 269
	336	+	for providing the specific documentation required by the employer. The 270
	337	+	employer shall pay any costs charged to the employee for 271
	338	+	documentation of family violence or sexual assault required by the 272
	339	+	employer. 273 Raised Bill No. 312
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349		-	this act, shall be deemed to require any employer to provide paid sick 277
350		-	leave for [a service worker's] an employee's leave for any purpose other 278
351		-	than those described in this section. 279
352		-	(d) Unless an employee policy or collective bargaining agreement 280
353		-	provides for the payment of accrued fringe benefits upon termination, 281
354		-	no [service worker] employee shall be entitled to payment of unused 282
355		-	paid accrued sick leave under this section upon termination of 283
356		-	employment. 284
357		-	(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 285
358		-	this act, shall be construed to prohibit an employer from taking 286
359		-	disciplinary action against [a service worker] an employee who uses 287
360		-	paid sick leave provided under said sections [31-57s to 31-57w, 288
361		-	inclusive,] for purposes other than those described in this section. 289
362		-	Sec. 4. Section 31-57u of the general statutes is repealed and the 290
363		-	following is substituted in lieu thereof (Effective July 1, 2022): 291
364		-	(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 292
365		-	this act, shall be construed to (1) prevent employers from providing 293
366		-	more paid sick leave than is required under said sections, [31-57s to 31-294
367		-	57w, inclusive,] (2) diminish any rights provided to any employee [or 295
368		-	service worker] under a collective bargaining agreement, or (3) preempt 296
369		-	or override the terms of any collective bargaining agreement effective 297
370		-	prior to January 1, 2012. 298
371		-	(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 299
372		-	this act, shall be construed to prohibit an employer (1) from establishing 300
373		-	a policy whereby [a service worker] an employee may donate unused 301
374		-	accrued paid sick leave to another [service worker] employee, and (2) 302
375		-	who provides more paid sick leave than is required under sections 31-303
376		-	57s to 31-57w, inclusive, as amended by this act, for the purposes 304
377		-	described in subdivision (1) of subsection (a) of section 31-57t, as 305
378		-	amended by this act, from limiting the amount of such leave [a service 306
379		-	worker] an employee may use for other purposes. 307 Substitute Bill No. 312
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	344	+
	345	+	(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 274
	346	+	this act, shall be deemed to require any employer to provide paid sick 275
	347	+	leave for [a service worker's] an employee's leave for any purpose other 276
	348	+	than those described in this section. 277
	349	+	(d) Unless an employee policy or collective bargaining agreement 278
	350	+	provides for the payment of accrued fringe benefits upon termination, 279
	351	+	no [service worker] employee shall be entitled to payment of unused 280
	352	+	paid accrued sick leave under this section upon termination of 281
	353	+	employment. 282
	354	+	(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 283
	355	+	this act, shall be construed to prohibit an employer from taking 284
	356	+	disciplinary action against [a service worker] an employee who uses 285
	357	+	paid sick leave provided under said sections [31-57s to 31-57w, 286
	358	+	inclusive,] for purposes other than those described in this section. 287
	359	+	Sec. 4. Section 31-57u of the general statutes is repealed and the 288
	360	+	following is substituted in lieu thereof (Effective July 1, 2022): 289
	361	+	(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 290
	362	+	this act, shall be construed to (1) prevent employers from providing 291
	363	+	more paid sick leave than is required under said sections, [31-57s to 31-292
	364	+	57w, inclusive,] (2) diminish any rights provided to any employee [or 293
	365	+	service worker] under a collective bargaining agreement, or (3) preempt 294
	366	+	or override the terms of any collective bargaining agreement effective 295
	367	+	prior to January 1, 2012. 296
	368	+	(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 297
	369	+	this act, shall be construed to prohibit an employer (1) from establishing 298
	370	+	a policy whereby [a service worker] an employee may donate unused 299
	371	+	accrued paid sick leave to another [service worker] employee, and (2) 300
	372	+	who provides more paid sick leave than is required under sections 31-301
	373	+	57s to 31-57w, inclusive, as amended by this act, for the purposes 302
	374	+	described in subdivision (1) of subsection (a) of section 31-57t, as 303
	375	+	amended by this act, from limiting the amount of such leave [a service 304
	376	+	worker] an employee may use for other purposes. 305 Raised Bill No. 312
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386		-	(c) Any termination of [a service worker's] an employee's 308
387		-	employment by an employer, whether voluntary or involuntary, shall 309
388		-	be construed as a break in service. Should any [service worker] 310
389		-	employee subsequently be rehired by the employer following a break in 311
390		-	service, the [service worker] employee shall (1) begin to accrue sick 312
391		-	leave [in accordance with section 31-57s] immediately upon rehire, and 313
392		-	(2) shall [not] be entitled to any unused hours of paid sick leave that had 314
393		-	been accrued prior to the [service worker's] employee's break in service. 315
394		-	[unless agreed to by the employer.] 316
395		-	Sec. 5. Section 31-57v of the general statutes is repealed and the 317
396		-	following is substituted in lieu thereof (Effective July 1, 2022): 318
397		-	(a) No employer shall take retaliatory personnel action or 319
398		-	discriminate against an employee because the employee (1) requests or 320
399		-	uses paid sick leave either in accordance with sections 31-57s and 31-57t, 321
400		-	as amended by this act, or in accordance with the employer's own paid 322
401		-	sick leave policy, as the case may be, or (2) files a complaint with the 323
402		-	Labor Commissioner alleging the employer's violation of sections 31-57s 324
403		-	to 31-57w, inclusive, as amended by this act. 325
404		-	(b) The Labor Commissioner shall advise any employee who (1) is 326
405		-	covered by a collective bargaining agreement that provides for paid sick 327
406		-	days, and (2) files a complaint pursuant to subsection (a) of this section 328
407		-	of [his or her] the employee's right to pursue a grievance with [his or 329
408		-	her] the employee's collective bargaining agent. 330
409		-	(c) Any employee aggrieved by a violation of the provisions of 331
410		-	sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 332
411		-	complaint with the Labor Commissioner. Upon receipt of any such 333
412		-	complaint, said commissioner may hold a hearing. After the hearing, 334
413		-	any employer who is found by the Labor Co mmissioner, by a 335
414		-	preponderance of the evidence, to have violated the provisions of 336
415		-	subsection (a) of this section shall be liable to the Labor Department for 337
416		-	a civil penalty of five hundred dollars for each violation. Any employer 338
417		-	who is found by the Labor Commissioner, by a preponderance of the 339 Substitute Bill No. 312
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	381	+
	382	+	(c) Any termination of [a service worker's] an employee's 306
	383	+	employment by an employer, whether voluntary or involuntary, shall 307
	384	+	be construed as a break in service. Should any [service worker] 308
	385	+	employee subsequently be rehired by the employer following a break in 309
	386	+	service, the [service worker] employee shall (1) begin to accrue sick 310
	387	+	leave [in accordance with section 31-57s] immediately upon rehire, and 311
	388	+	(2) shall [not] be entitled to any unused hours of paid sick leave that had 312
	389	+	been accrued prior to the [service worker's] employee's break in service. 313
	390	+	[unless agreed to by the employer.] 314
	391	+	Sec. 5. Section 31-57v of the general statutes is repealed and the 315
	392	+	following is substituted in lieu thereof (Effective July 1, 2022): 316
	393	+	(a) No employer shall take retaliatory personnel action or 317
	394	+	discriminate against an employee because the employee (1) requests or 318
	395	+	uses paid sick leave either in accordance with sections 31-57s and 31-57t, 319
	396	+	as amended by this act, or in accordance with the employer's own paid 320
	397	+	sick leave policy, as the case may be, or (2) files a complaint with the 321
	398	+	Labor Commissioner alleging the employer's violation of sections 31-57s 322
	399	+	to 31-57w, inclusive, as amended by this act. 323
	400	+	(b) The Labor Commissioner shall advise any employee who (1) is 324
	401	+	covered by a collective bargaining agreement that provides for paid sick 325
	402	+	days, and (2) files a complaint pursuant to subsection (a) of this section 326
	403	+	of [his or her] the employee's right to pursue a grievance with [his or 327
	404	+	her] the employee's collective bargaining agent. 328
	405	+	(c) Any employee aggrieved by a violation of the provisions of 329
	406	+	sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 330
	407	+	complaint with the Labor Commissioner. Upon receipt of any such 331
	408	+	complaint, said commissioner may hold a hearing. After the hearing, 332
	409	+	any employer who is found by the Labor Commissioner, by a 333
	410	+	preponderance of the evidence, to have violated the provisions of 334
	411	+	subsection (a) of this section shall be liable to the Labor Department for 335
	412	+	a civil penalty of five hundred dollars for each violation. Any employer 336
	413	+	who is found by the Labor Commissioner, by a preponderance of the 337 Raised Bill No. 312
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424		-	evidence, to have violated the provisions of sections 31-57s to 31-57u, 340
425		-	inclusive, as amended by this act, or section 31-57w, as amended by this 341
426		-	act, shall be liable to the Labor Department for a civil penalty of up to 342
427		-	one hundred dollars for each violation. The Labor Commissioner may 343
428		-	award the employee all appropriate relief, including the payment for 344
429		-	used paid sick leave, rehiring or reinstatement to the employee's 345
430		-	previous job, payment of back wages and reestablishment of employee 346
431		-	benefits to which the employee otherwise would have been eligible if 347
432		-	the employee had not been subject to such retaliatory personnel action 348
433		-	or discriminated against. Any party aggrieved by the decision of the 349
434		-	commissioner may appeal the decision to the Superior Court in 350
435		-	accordance with the provisions of chapter 54. 351
436		-	(d) The Labor Commissioner, the Attorney General or any person 352
437		-	aggrieved by a violation of any provision of sections 31-57s to 31-57w, 353
438		-	inclusive, as amended by this act, or any entity a member of which is 354
439		-	aggrieved by a violation of said sections, may bring a civil action in a 355
440		-	court of competent jurisdiction against the employer for such violation. 356
441		-	Such action may be brought by a person aggrieved by violation of this 357
442		-	section without first filing an administrative complaint. 358
443		-	[(d)] (e) The Labor Commissioner shall administer this section within 359
444		-	available appropriations. 360
445		-	Sec. 6. Section 31-57w of the general statutes is repealed and the 361
446		-	following is substituted in lieu thereof (Effective July 1, 2022): 362
447		-	(a) Each employer subject to the provisions of section 31-57s, as 363
448		-	amended by this act, shall, at the time of hiring, provide notice to each 364
449		-	[service worker] employee (1) of the entitlement to sick leave for [service 365
450		-	workers] employees, the amount of sick leave provided to [service 366
451		-	workers] employees and the terms under which sick leave may be used, 367
452		-	(2) that retaliation by the employer against the [service worker] 368
453		-	employee for requesting or using sick leave for which the [service 369
454		-	worker] employee is eligible is prohibited, and (3) that the [service 370
455		-	worker] employee has a right to file a complaint with the Labor 371 Substitute Bill No. 312
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	418	+
	419	+	evidence, to have violated the provisions of sections 31-57s to 31-57u, 338
	420	+	inclusive, as amended by this act, or section 31-57w, as amended by this 339
	421	+	act, shall be liable to the Labor Department for a civil penalty of up to 340
	422	+	one hundred dollars for each violation. The Labor Commissioner may 341
	423	+	award the employee all appropriate relief, including the payment for 342
	424	+	used paid sick leave, rehiring or reinstatement to the employee's 343
	425	+	previous job, payment of back wages and reestablishment of employee 344
	426	+	benefits to which the employee otherwise would have been eligible if 345
	427	+	the employee had not been subject to such retaliatory personnel action 346
	428	+	or discriminated against. Any party aggrieved by the decision of the 347
	429	+	commissioner may appeal the decision to the Superior Court in 348
	430	+	accordance with the provisions of chapter 54. 349
	431	+	(d) The Labor Commissioner, the Attorney General or any person 350
	432	+	aggrieved by a violation of any provision of sections 31-57s to 31-57w, 351
	433	+	inclusive, as amended by this act, or any entity a member of which is 352
	434	+	aggrieved by a violation of said sections, may bring a civil action in a 353
	435	+	court of competent jurisdiction against the employer for such violation. 354
	436	+	Such action may be brought by a person aggrieved by violation of this 355
	437	+	section without first filing an administrative complaint. 356
	438	+	[(d)] (e) The Labor Commissioner shall administer this section within 357
	439	+	available appropriations. 358
	440	+	Sec. 6. Section 31-57w of the general statutes is repealed and the 359
	441	+	following is substituted in lieu thereof (Effective July 1, 2022): 360
	442	+	(a) Each employer subject to the provisions of section 31-57s, as 361
	443	+	amended by this act, shall, at the time of hiring, provide notice to each 362
	444	+	[service worker] employee (1) of the entitlement to sick leave for [service 363
	445	+	workers] employees, the amount of sick leave provided to [service 364
	446	+	workers] employees and the terms under which sick leave may be used, 365
	447	+	(2) that retaliation by the employer against the [service worker] 366
	448	+	employee for requesting or using sick leave for which the [service 367
	449	+	worker] employee is eligible is prohibited, and (3) that the [service 368
	450	+	worker] employee has a right to file a complaint with the Labor 369 Raised Bill No. 312
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462		-	Commissioner for any violation of this section and of sections 31-57s to 372
463		-	31-57v, inclusive, as amended by this act. [Employers] Each employer 373
464		-	[may] shall comply with the provisions of this section by (A) displaying 374
465		-	a poster in a conspicuous place, accessible to [service workers] 375
466		-	employees, at the employer's place of business that contains the 376
467		-	information required by this section in both English and Spanish, except 377
468		-	in the case where the employer does not maintain a physical workplace 378
469		-	or an employee teleworks or performs work through a web-based or 379
470		-	application-based platform, notification shall be sent via electronic 380
471		-	communication or a conspicuous posting on a web -based or 381
472		-	application-based platform, and (B) providing written notice to each 382
473		-	employee not later than January 1, 2023, or at the time of hire, whichever 383
474		-	is later. The Labor Commissioner [may adopt regulations, in accordance 384
475		-	with chapter 54, to establish additional requirements concerning the 385
476		-	means by which employers shall provide such notice. The Labor 386
477		-	Commissioner shall administer this section within available 387
478		-	appropriations] shall provide such posters and model written notice to 388
479		-	all employers. Each employer shall include in the record of hours 389
480		-	worked, wages earned and deductions required by section 31-13a, the 390
481		-	number of hours, if any, of paid sick leave accrued or received by the 391
482		-	employee and the number of hours of paid sick leave used by the 392
483		-	employee in the calendar year. 393
484		-	(b) Each employer shall retain records documenting hours worked by 394
485		-	employees and paid sick leave taken by employees for a period of three 395
486		-	years and shall allow the Labor Commissioner access to such records, 396
487		-	with appropriate notice and at a mutually agreeable time, to monitor 397
488		-	compliance with the requirements of this section. When an issue arises 398
489		-	as to an employee's entitlement to paid sick leave under this section, if 399
490		-	the employer does not maintain or retain adequate records 400
491		-	documenting hours worked by the employee and paid sick leave taken 401
492		-	by the employee or does not allow reasonable access to such records, it 402
493		-	shall be presumed that the employer has violated this section, absent 403
494		-	clear and convincing evidence otherwise. 404 Substitute Bill No. 312
	454	+	LCO No. 2501 13 of 23
	455	+
	456	+	Commissioner for any violation of this section and of sections 31-57s to 370
	457	+	31-57v, inclusive, as amended by this act. [Employers] Each employer 371
	458	+	[may] shall comply with the provisions of this section by (A) displaying 372
	459	+	a poster in a conspicuous place, accessible to [service workers] 373
	460	+	employees, at the employer's place of business that contains the 374
	461	+	information required by this section in both English and Spanish, except 375
	462	+	in the case where the employer does not maintain a physical workplace 376
	463	+	or an employee teleworks or performs work through a web-based or 377
	464	+	application-based platform, notification shall be sent via electronic 378
	465	+	communication or a conspicuous posting on a web-based or 379
	466	+	application-based platform, and (B) providing written notice to each 380
	467	+	employee not later than January 1, 2023, or at the time of hire, whichever 381
	468	+	is later. The Labor Commissioner [may adopt regulations, in accordance 382
	469	+	with chapter 54, to establish additional requirements concerning the 383
	470	+	means by which employers shall provide such notice. The Labor 384
	471	+	Commissioner shall administer this section within available 385
	472	+	appropriations] shall provide such posters and model written notice to 386
	473	+	all employers. Each employer shall include in the record of hours 387
	474	+	worked, wages earned and deductions required by section 31-13a, the 388
	475	+	number of hours, if any, of paid sick leave accrued or received by the 389
	476	+	employee and the number of hours of paid sick leave used by the 390
	477	+	employee in the calendar year. 391
	478	+	(b) Each employer shall retain records documenting hours worked by 392
	479	+	employees and paid sick leave taken by employees for a period of three 393
	480	+	years and shall allow the Labor Commissioner access to such records, 394
	481	+	with appropriate notice and at a mutually agreeable time, to monitor 395
	482	+	compliance with the requirements of this section. When an issue arises 396
	483	+	as to an employee's entitlement to paid sick leave under this section, if 397
	484	+	the employer does not maintain or retain adequate records 398
	485	+	documenting hours worked by the employee and paid sick leave taken 399
	486	+	by the employee or does not allow reasonable access to such records, it 400
	487	+	shall be presumed that the employer has violated this section, absent 401
	488	+	clear and convincing evidence otherwise. 402
	489	+	(c) The Labor Commissioner may coordinate implementation and 403 Raised Bill No. 312
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501		-	~~(c) The Labor Commissioner may coordinate implementation and 405~~
502		-	~~enforcement of this section and sections 31-57s to 31-57v, inclusive, as 406~~
503		-	~~amended by~~ this ~~act,~~ and ~~shall adopt regulations in accordance with the 407~~
504		-	~~provisions of chapter 54 to implement~~ the ~~provisions of said sections. 408~~
505		-	~~(d)~~ The ~~Labor Commissioner may develop and i mplement a 409~~
506		-	~~multilingual outreach program to inform employees, parents~~ and ~~410~~
507		-	~~persons who are under the care of a health care provider about the 411~~
508		-	~~availability~~ of ~~paid sick leave.~~ ~~Such program shall include~~ the ~~412~~
509		-	~~distribution~~ of ~~notices and other written materials in English,~~ ~~Spanish 413~~
510		-	and ~~any language that is the first language spoken by not less than five 414~~
511		-	~~per cent of~~ the ~~state's population to all child care and elder care 415~~
512		-	~~providers, domestic violence shelters,~~ ~~schools, hospitals,~~ ~~community 416~~
513		-	~~health centers and other health care providers.~~ ~~417~~
514		-	~~(e) The Labor Commissioner shall administer this section within 418~~
515		-	~~available appropriations.~~ ~~419~~
516		-	~~Sec~~. ~~7. Subsection (a) of section 31-397 of the general statutes is 420~~
517		-	~~repealed and the following is substituted in lieu thereof~~ (Effective ~~July 1,~~ ~~421~~
518		-	~~2022)~~: ~~422~~
519		-	(a) ~~The Labor Commissioner~~, ~~in consultation with the Commissioner 423~~
520		-	~~of Public Health, shall encourage the development~~ of ~~occupational 424~~
521		-	~~health clinics by making grants-in-aid~~ to ~~public and nonprofit 425~~
522		-	~~organizations. Such grants-in-aid shall be used to facilitate~~ the ~~426~~
523		-	~~development and operation of such clinics,~~ ~~including, but not limited to, 427~~
524		-	~~preproject development~~, ~~site acquisition~~, ~~development~~, ~~improvement 428~~
525		-	and ~~operating expenses.~~ ~~Such grants-in-aid may be used for activities 429~~
526		-	~~involved in occupational~~ disease ~~evaluation,~~ ~~treatment and prevention, 430~~
527		-	~~particularly when such activities are not compensated by other sources.~~ ~~431~~
528		-	~~Priority for such grants-in-aid may be given to organizations providing 432~~
529		-	~~services for working age populations~~, ~~including~~, ~~but not limited to~~, ~~433~~
530		-	~~migrant and contingent workers~~, ~~where health disparities or work 434~~
531		-	~~structure interfere with~~ the ~~provision of occupational health~~ care ~~435~~
532		-	~~services. Such grants-in-aid~~ ~~shall not be used to compensate any 436 Substitute~~ Bill No. 312
	493	+	LCO No. 2501 14 of 23
	494	+
	495	+	enforcement of this section and sections 31-57s to 31-57v, inclusive, as 404
	496	+	amended by this act, and shall adopt regulations in accordance with the 405
	497	+	provisions of chapter 54 to implement the provisions of said sections. 406
	498	+	(d) The Labor Commissioner may develop and implement a 407
	499	+	multilingual outreach program to inform employees, parents and 408
	500	+	persons who are under the care of a health care provider about the 409
	501	+	availability of paid sick leave. Such program shall include the 410
	502	+	distribution of notices and other written materials in English, Spanish 411
	503	+	and any language that is the first language spoken by not less than five 412
	504	+	per cent of the state's population to all child care and elder care 413
	505	+	providers, domestic violence shelters, schools, hospitals, community 414
	506	+	health centers and other health care providers. 415
	507	+	(e) The Labor Commissioner shall administer this section within 416
	508	+	available appropriations. 417
	509	+	Sec. 7. (NEW) (Effective from passage) As used in this section and 418
	510	+	sections 8 to 12, inclusive, of this act: 419
	511	+	(1) "Child" means a biological, adopted or foster child, stepchild, or 420
	512	+	legal ward of an employee, or a child of a person standing in loco 421
	513	+	parentis to an employee, or an individual to whom the employee stood 422
	514	+	in loco parentis when the individual was a minor child; 423
	515	+	(2) "COVID-19" means the respiratory disease designated by the 424
	516	+	World Health Organization on February 11, 2020, as coronavirus 2019, 425
	517	+	and any related mutation thereof recognized by the World Health 426
	518	+	Organization as a communicable respiratory disease; 427
	519	+	(3) "Employee" means an individual engaged in service to an 428
	520	+	employer in the business of the employer; 429
	521	+	(4) "Employer" means any person, firm, business, educational 430
	522	+	institution, nonprofit organization, corporation, limited liability 431
	523	+	company or other entity, except that the Personal Care Attendant 432
	524	+	Workforce Council established under section 17b-706a of the general 433 Raised Bill No. 312
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539		-	occupational health clinic for any activities that utilize commercial 437
540		-	services or involve grants or contracts received from an outside party. 438
541		-	The commissioner shall consult with the Occupational Health Clinics 439
542		-	Advisory Board prior to making any such grant. For purposes of this 440
543		-	subsection, "contingent worker" means an individual whose 441
544		-	employment is of a temporary and sporadic nature and may include, 442
545		-	but need not be limited to, (1) an agricultural worker, (2) an independent 443
546		-	contractor, as defined in section 36a-485, or [a day or temporary worker, 444
547		-	as defined in section 31-57r] (3) an individual who performs work for 445
548		-	another on (A) a per diem basis, or (B) an occasional or irregular basis 446
549		-	for only the time required to complete such work, whether such 447
550		-	individual is paid by the person for whom such work is performed or 448
551		-	by an employment agency or temporary help service, as defined in 449
552		-	section 31-129. 450
	528	+	LCO No. 2501 15 of 23
	529	+
	530	+	statutes shall act on behalf of the employer of all personal care 434
	531	+	attendants, as defined in section 17b-706 of the general statutes. 435
	532	+	"Employer" does not include the federal government; 436
	533	+	(5) "Family member" means the employee's spouse, as defined in 437
	534	+	section 31-51kk of the general statutes, child, parent, grandparent, 438
	535	+	grandchild or sibling, whether related to the employee by blood, 439
	536	+	marriage, adoption or foster care, or an individual related to the 440
	537	+	employee by blood or affinity whose close association with the 441
	538	+	employee is the equivalent of those family relationships; 442
	539	+	(6) "Parent" means a biological parent, foster parent, adoptive parent, 443
	540	+	stepparent, parent-in-law of the employee or legal guardian of an 444
	541	+	employee or an employee's spouse, an individual standing in loco 445
	542	+	parentis to an employee, or an individual who stood in loco parentis to 446
	543	+	the employee when the employee was a minor child; and 447
	544	+	(7) "Retaliatory personnel action" means any termination, 448
	545	+	suspension, constructive discharge, demotion, unfavorable 449
	546	+	reassignment, refusal to promote, reduction of hours, disciplinary 450
	547	+	action or other adverse employment action taken by an employer 451
	548	+	against an employee. 452
	549	+	Sec. 8. (NEW) (Effective from passage) (a) (1) Each employer shall 453
	550	+	provide to each of its employees COVID-19 sick leave in addition to any 454
	551	+	paid sick leave provided by the employer pursuant to section 31-57s of 455
	552	+	the general statutes, as amended by this act. The COVID-19 sick leave 456
	553	+	shall be (A) in the amount of eighty hours for each employee who 457
	554	+	regularly works forty or more hours per week, or (B) equal to the 458
	555	+	number of hours the employee is regularly scheduled to work or works 459
	556	+	in a two-week period, whichever is greater, for each employee who 460
	557	+	regularly works less than forty hours per week. 461
	558	+	(2) An employee exempt from overtime requirements under 29 USC 462
	559	+	213(a)(1), as amended from time to time, shall be assumed to work forty 463
	560	+	hours per week for purposes of calculating COVID-19 sick leave, unless 464
	561	+	such employee regularly works less than forty hours per week, in which 465 Raised Bill No. 312
	562	+
	563	+
	564	+
	565	+	LCO No. 2501 16 of 23
	566	+
	567	+	case the COVID-19 sick leave shall be provided based upon the number 466
	568	+	of hours regularly worked per week. An employee who regularly works 467
	569	+	less than forty hours per week, but whose number of work hours varies 468
	570	+	each week, shall be provided COVID-19 sick leave using the average 469
	571	+	number of hours per week the employee was scheduled to work in the 470
	572	+	six-month period immediately preceding the date on which the 471
	573	+	employee utilizes COVID-19 sick leave, including the hours of any leave 472
	574	+	taken by the employee, except that, if the employee did not work any 473
	575	+	hours over such period, the average shall be the reasonable expectation 474
	576	+	of the employee, at the time the employee was hired, of the average 475
	577	+	number of hours per week the employee would be regularly scheduled 476
	578	+	to work. 477
	579	+	(b) COVID-19 sick leave shall be provided one time to each employee 478
	580	+	and shall be immediately available for use for any of the purposes 479
	581	+	described in subsection (c) of this section beginning on the effective date 480
	582	+	of this section, regardless of the time such employee has been employed 481
	583	+	by the employer. An employee shall be entitled to use COVID-19 sick 482
	584	+	leave retroactively beginning on July 20, 2021, until four weeks after the 483
	585	+	expiration of the public health and civil preparedness emergencies 484
	586	+	declared by the Governor on March 10, 2020, or any extension of such 485
	587	+	declarations. 486
	588	+	(c) An employee shall be entitled to take COVID-19 sick leave when 487
	589	+	the employee is unable to perform the functions of the job of such 488
	590	+	employee, including through telework, due to any of the following 489
	591	+	reasons related to COVID-19: 490
	592	+	(1) The employee's need to (A) self-isolate and care for oneself 491
	593	+	because the employee has been diagnosed with COVID-19 or is 492
	594	+	experiencing symptoms of COVID-19, (B) seek preventive care 493
	595	+	concerning COVID-19, (C) seek or obtain medical diagnosis, care or 494
	596	+	treatment if experiencing symptoms of COVID-19, or (D) seek or obtain 495
	597	+	COVID-19 immunization or immunizations, including booster doses, or 496
	598	+	recover from any injury, disability, illness or condition related to such 497
	599	+	immunizations or booster doses; 498 Raised Bill No. 312
	600	+
	601	+
	602	+
	603	+	LCO No. 2501 17 of 23
	604	+
	605	+	(2) The employee's need to comply with an order or determination to 499
	606	+	self-isolate, on the basis that the employee's physical presence at work 500
	607	+	or in the community would likely jeopardize the employee's health, the 501
	608	+	health of other employees or the health of an individual in the 502
	609	+	employee's household because of (A) possible exposure to COVID-19, 503
	610	+	or (B) the employee is exhibiting of symptoms of COVID-19, regardless 504
	611	+	of whether the employee has been diagnosed with COVID-19; 505
	612	+	(3) The employee's need to care for a family member who is (A) self-506
	613	+	isolating, seeking preventive care or seeking or obtaining medical 507
	614	+	diagnosis, care, treatment or immunizations or booster doses, or 508
	615	+	recovering from such immunizations or booster doses, for the purposes 509
	616	+	described in subdivision (1) of this subsection, or (B) self-isolating due 510
	617	+	to an order or determination as described in subdivision (2) of this 511
	618	+	subsection; 512
	619	+	(4) The employee's inability to work or telework because the 513
	620	+	employee is (A) prohibited from working by the employer due to health 514
	621	+	concerns related to the potential transmission of COVID-19, (B) subject 515
	622	+	to an individual or general local, state or federal quarantine or isolation 516
	623	+	order, including a shelter-in-place or stay-at-home order, related to 517
	624	+	COVID-19, or (C) seeking or awaiting the results of a diagnostic test for, 518
	625	+	or a medical diagnosis of, COVID-19 and such employee has been 519
	626	+	exposed to COVID-19 or the employee's employer has requested such 520
	627	+	test or diagnosis; 521
	628	+	(5) The employee's need to care for a family member when the care 522
	629	+	provider of such family member is unavailable due to COVID-19 or if 523
	630	+	the family member's school or place of care has been closed by a local, 524
	631	+	state or federal public official or at the discretion of the school or place 525
	632	+	of care, due to COVID-19, including if a school or place of care (A) is 526
	633	+	physically closed but providing virtual learning instruction, (B) requires 527
	634	+	or makes optional virtual learning instruction, or (C) requires or makes 528
	635	+	available a hybrid of in-person and virtual learning instruction models; 529
	636	+	or 530 Raised Bill No. 312
	637	+
	638	+
	639	+
	640	+	LCO No. 2501 18 of 23
	641	+
	642	+	(6) The employee's inability to work because the employee has a 531
	643	+	health condition that may increase susceptibility to or risk of COVID-19, 532
	644	+	including, but not limited to, age, heart disease, asthma, lung disease, 533
	645	+	diabetes, kidney disease or a weakened immune system. 534
	646	+	(d) An order or determination made pursuant to subdivision (2) of 535
	647	+	subsection (c) of this section or subparagraph (B) of subdivision (3) of 536
	648	+	subsection (c) of this section shall be made by a local, state or federal 537
	649	+	public official, a health authority having jurisdiction, a health care 538
	650	+	provider or the employer of the employee or the employee's family 539
	651	+	member. Such order or determination need not be specific to such 540
	652	+	employee or family member. 541
	653	+	(e) Each employer shall pay each employee for COVID-19 sick leave 542
	654	+	at a pay rate equal to the greater of (1) the normal hourly wage for that 543
	655	+	employee, or (2) the minimum fair wage rate under section 31-58 of the 544
	656	+	general statutes in effect for the pay period during which the employee 545
	657	+	used COVID-19 sick leave. For any employee whose hourly wage varies 546
	658	+	depending on the work performed by the employee, "normal hourly 547
	659	+	wage" means the average hourly wage of the employee in the pay period 548
	660	+	prior to the one in which the employee uses COVID-19 sick leave. 549
	661	+	(f) The employee shall provide advance notice to the employer of the 550
	662	+	need for COVID-19 sick leave as soon as practicable only when the need 551
	663	+	for COVID-19 sick leave is foreseeable and the employer's place of 552
	664	+	business has not been closed. 553
	665	+	(g) Notwithstanding any provision of sections 7 to 12, inclusive, of 554
	666	+	this act, no documentation from an employee shall be required by an 555
	667	+	employer for COVID-19 sick leave. 556
	668	+	(h) If an employee is transferred to a separate division, entity or 557
	669	+	location, but remains employed by the same employer, the employee 558
	670	+	shall retain and be entitled to use all COVID-19 sick leave the employee 559
	671	+	accrued or received in accordance with the provisions of sections 7 to 560
	672	+	12, inclusive, of this act, at the prior division, entity or location. If a 561
	673	+	different employer succeeds or takes the place of an existing employer, 562 Raised Bill No. 312
	674	+
	675	+
	676	+
	677	+	LCO No. 2501 19 of 23
	678	+
	679	+	each employee of the original employer who remains employed by the 563
	680	+	successor employer shall retain and be entitled to use all COVID-19 sick 564
	681	+	leave the employee accrued or received in accordance with the 565
	682	+	provisions of sections 7 to 12, inclusive, of this act, while employed by 566
	683	+	the original employer. 567
	684	+	(i) An employer shall not require, as a condition of an employee's 568
	685	+	taking COVID-19 sick leave, that the employee search for or find a 569
	686	+	replacement worker to cover the hours during which the employee is 570
	687	+	using COVID-19 sick leave. 571
	688	+	Sec. 9. (NEW) (Effective from passage) (a) Nothing in sections 7 to 12, 572
	689	+	inclusive, of this act shall be construed to: (1) Discourage or prohibit an 573
	690	+	employer from the adoption or retention of a COVID-19 sick leave, paid 574
	691	+	sick leave or other paid leave policy more generous than the one 575
	692	+	required pursuant to section 8 of this act, including providing more 576
	693	+	leave than required under said section; (2) diminish any rights provided 577
	694	+	to any employee under a collective bargaining agreement; or (3) prohibit 578
	695	+	an employer from establishing a policy whereby an employee may 579
	696	+	donate unused COVID-19 sick leave to another employee. 580
	697	+	(b) An employee may first use the COVID-19 sick leave provided 581
	698	+	pursuant to section 8 of this act prior to using sick leave permitted 582
	699	+	pursuant to section 31-57t of the general statutes, as amended by this 583
	700	+	act. An employer may not require an employee to use other paid leave 584
	701	+	provided by the employer to the employee before the employee uses the 585
	702	+	COVID-19 sick leave. 586
	703	+	Sec. 10. (NEW) (Effective from passage) (a) It shall be unlawful for an 587
	704	+	employer or any other person to interfere with, restrain or deny the 588
	705	+	exercise of, or the attempt to exercise, any right protected under sections 589
	706	+	7 to 12, inclusive, of this act. No employer shall take retaliatory 590
	707	+	personnel action or discriminate against an employee because the 591
	708	+	employee (1) requests or uses COVID-19 sick leave in accordance with 592
	709	+	the provisions of sections 7 to 12, inclusive, of this act, or (2) files a 593
	710	+	complaint with the Labor Commissioner alleging the employer's 594 Raised Bill No. 312
	711	+
	712	+
	713	+
	714	+	LCO No. 2501 20 of 23
	715	+
	716	+	violation of any provision of said sections. 595
	717	+	(b) The Labor Commissioner shall advise any employee, who (1) is 596
	718	+	covered by a collective bargaining agreement that provides for COVID-597
	719	+	19 sick leave, and (2) files a complaint pursuant to subsection (a) of this 598
	720	+	section, of the employee's right to pursue a grievance with the 599
	721	+	employee's collective bargaining agent. 600
	722	+	(c) Any employee aggrieved by a violation of any provision of 601
	723	+	sections 7 to 12, inclusive, of this act, may file a complaint with the Labor 602
	724	+	Commissioner. Upon receipt of any such complaint, the Labor 603
	725	+	Commissioner may hold a hearing. After the hearing, any employer 604
	726	+	who is found by the Labor Commissioner, by a preponderance of the 605
	727	+	evidence, to have violated any provision of this section shall be liable to 606
	728	+	the Labor Department for a civil penalty in an amount consistent with 607
	729	+	the penalties provided in section 31-57v of the general statutes, as 608
	730	+	amended by this act. The Labor Commissioner may award the employee 609
	731	+	appropriate relief consistent with the provisions of said section. Any 610
	732	+	party aggrieved by the decision of the Labor Commissioner may appeal 611
	733	+	the decision to the Superior Court in accordance with the provisions of 612
	734	+	section 4-183 of the general statutes. 613
	735	+	(d) Any person aggrieved by a violation of any provision of sections 614
	736	+	7 to 12, inclusive, of this act, the Labor Commissioner, the Attorney 615
	737	+	General or any entity a member of which is aggrieved by a violation of 616
	738	+	any provision of sections 7 to 12, inclusive, of this act, may bring a civil 617
	739	+	action in a court of competent jurisdiction against the employer 618
	740	+	violating said sections. Such action may be brought by a person 619
	741	+	aggrieved by a violation of this section without first filing an 620
	742	+	administrative complaint. 621
	743	+	(e) The Labor Commissioner shall administer this section within 622
	744	+	available appropriations. 623
	745	+	Sec. 11. (NEW) (Effective from passage) (a) Each employer subject to the 624
	746	+	provisions of sections 7 to 12, inclusive, of this act shall, at the time of 625
	747	+	hiring or not later than fourteen days after the effective date of this 626 Raised Bill No. 312
	748	+
	749	+
	750	+
	751	+	LCO No. 2501 21 of 23
	752	+
	753	+	section, whichever is later, provide written notice to each employee (1) 627
	754	+	of the entitlement to COVID-19 sick leave, the amount of COVID-19 sick 628
	755	+	leave provided and the terms under which COVID-19 sick leave may be 629
	756	+	used, (2) that retaliatory personnel actions by the employer are 630
	757	+	prohibited, and (3) of the right to file a complaint with the Labor 631
	758	+	Commissioner or file a civil action for any violation of sections 7 to 12, 632
	759	+	inclusive, of this act. Each employer shall also display a poster in a 633
	760	+	conspicuous place, accessible to employees, at the employer's place of 634
	761	+	business that contains the information required by this section in both 635
	762	+	English and Spanish, provided in cases where the employer does not 636
	763	+	maintain a physical workplace, or an employee teleworks or performs 637
	764	+	work through a web-based or application-based platform, notification 638
	765	+	shall be sent via electronic communication or a conspicuous posting in 639
	766	+	the web-based or application-based platform. The Labor Commissioner 640
	767	+	shall provide such posters and model written notices to all employers. 641
	768	+	Additionally, employers shall include in the record of hours worked, 642
	769	+	wages earned and deductions required by section 31-13a of the general 643
	770	+	statutes, the number of hours, if any, of COVID-19 sick leave received 644
	771	+	by each employee, as well as any use of COVID-19 sick leave in the 645
	772	+	calendar year. 646
	773	+	(b) Each employer shall retain records documenting hours worked by 647
	774	+	employees and COVID-19 sick leave taken by employees, for a period 648
	775	+	of three years, and shall allow the Labor Commissioner access to such 649
	776	+	records, with appropriate notice and at a mutually agreeable time, to 650
	777	+	monitor compliance with the requirements of this section. When an 651
	778	+	issue arises as to an employee's entitlement to COVID-19 sick leave 652
	779	+	under this section, if the employer does not maintain or retain adequate 653
	780	+	records documenting hours worked by the employee and COVID-19 654
	781	+	sick leave taken by the employee, or does not allow reasonable access to 655
	782	+	such records, it shall be presumed that the employer has violated this 656
	783	+	section absent clear and convincing evidence otherwise. 657
	784	+	(c) The Labor Commissioner may coordinate implementation and 658
	785	+	enforcement of sections 7 to 12, inclusive, of this act and shall adopt 659
	786	+	regulations, in accordance with the provisions of chapter 54 of the 660 Raised Bill No. 312
	787	+
	788	+
	789	+
	790	+	LCO No. 2501 22 of 23
	791	+
	792	+	general statutes, for such purposes. 661
	793	+	(d) The Labor Commissioner may develop and implement a 662
	794	+	multilingual outreach program to inform employees, parents and 663
	795	+	persons who are under the care of a health care provider about the 664
	796	+	availability of COVID-19 sick leave. This program may include the 665
	797	+	development of notices and other written materials in English and in 666
	798	+	other languages. The Labor Commissioner shall administer this section 667
	799	+	within available appropriations. 668
	800	+	Sec. 12. (NEW) (Effective from passage) Unless otherwise required by 669
	801	+	law, an employer shall not require disclosure of the details of an 670
	802	+	employee's or an employee's family member's health information as a 671
	803	+	condition for providing COVID-19 sick leave in accordance with 672
	804	+	sections 7 to 12, inclusive, of this act. If an employer possesses health 673
	805	+	information about an employee or an employee's family member, such 674
	806	+	information shall be treated as confidential and not disclosed except to 675
	807	+	such employee or with the permission of such employee. 676
	808	+	Sec. 13. Subsection (a) of section 31-397 of the general statutes is 677
	809	+	repealed and the following is substituted in lieu thereof (Effective October 678
	810	+	1, 2022): 679
	811	+	(a) The Labor Commissioner, in consultation with the Commissioner 680
	812	+	of Public Health, shall encourage the development of occupational 681
	813	+	health clinics by making grants-in-aid to public and nonprofit 682
	814	+	organizations. Such grants-in-aid shall be used to facilitate the 683
	815	+	development and operation of such clinics, including, but not limited to, 684
	816	+	preproject development, site acquisition, development, improvement 685
	817	+	and operating expenses. Such grants-in-aid may be used for activities 686
	818	+	involved in occupational disease evaluation, treatment and prevention, 687
	819	+	particularly when such activities are not compensated by other sources. 688
	820	+	Priority for such grants-in-aid may be given to organizations providing 689
	821	+	services for working age populations, including, but not limited to, 690
	822	+	migrant and contingent workers, where health disparities or work 691
	823	+	structure interfere with the provision of occupational health care 692 Raised Bill No. 312
	824	+
	825	+
	826	+
	827	+	LCO No. 2501 23 of 23
	828	+
	829	+	services. Such grants-in-aid shall not be used to compensate any 693
	830	+	occupational health clinic for any activities that utilize commercial 694
	831	+	services or involve grants or contracts received from an outside party. 695
	832	+	The commissioner shall consult with the Occupational Health Clinics 696
	833	+	Advisory Board prior to making any such grant. For purposes of this 697
	834	+	subsection, "contingent worker" means an individu al whose 698
	835	+	employment is of a temporary and sporadic nature and may include, 699
	836	+	but need not be limited to, (1) an agricultural worker, (2) an independent 700
	837	+	contractor, as defined in section 36a-485, or [a day or temporary worker, 701
	838	+	as defined in section 31-57r] (3) an individual who performs work for 702
	839	+	another on (A) a per diem basis, or (B) an occasional or irregular basis 703
	840	+	for only the time required to complete such work, whether such 704
	841	+	individual is paid by the person for whom such work is performed or 705
	842	+	by an employment agency or temporary help service, as defined in 706
	843	+	section 31-129. 707
553	844		This act shall take effect as follows and shall amend the following
554	845		sections:
555	846
556	847		Section 1 July 1, 2022 31-57r
557	848		Sec. 2 July 1, 2022 31-57s
558	849		Sec. 3 July 1, 2022 31-57t
559	850		Sec. 4 July 1, 2022 31-57u
560	851		Sec. 5 July 1, 2022 31-57v
561	852		Sec. 6 July 1, 2022 31-57w
562		-	Sec. 7 July 1, 2022 31-397(a)
	853	+	Sec. 7 from passage New section
	854	+	Sec. 8 from passage New section
	855	+	Sec. 9 from passage New section
	856	+	Sec. 10 from passage New section
	857	+	Sec. 11 from passage New section
	858	+	Sec. 12 from passage New section
	859	+	Sec. 13 October 1, 2022 31-397(a)
563	860
564		-	Statement of Legislative Commissioners:
565		-	In Section 1(1) "person" was changed to "an employee" for clarity; in
566		-	Section 3(a)(2) "an employee's" was added before "family member's" for
567		-	clarity and in Subpara. (C) "of an employee" was added after "family
568		-	member" for clarity; in Section 3(a)(3) subparagraph and clause
569		-	designators were added and "an employee's need to" was added after
570		-	subparagraph designator (C) for clarity; and in Section 3(b) "employee's"
571		-	was added before "family member" for clarity.
572		-
573		-	LAB Joint Favorable Subst.
574		-
	861	+	Statement of Purpose:
	862	+	To expand paid sick days and domestic worker coverage.
	863	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	864	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	865	+	underlined.]