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General Assembly Substitute Bill No. 317
February Session, 2022
AN ACT CONCERNING UNEMPLOYMENT FOR STRIKING
EMPLOYEES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-236 of the 2022 supplement to the general 1
statutes is repealed and the following is substituted in lieu thereof 2
(Effective October 1, 2022): 3
(a) An individual shall be ineligible for benefits: 4
(1) If the administrator finds that the individual has failed without 5
sufficient cause either to apply for available, suitable work when 6
directed so to do by the Public Employment Bureau or the 7
administrator, or to accept suitable employment when offered by the 8
Public Employment Bureau or by an employer, such ineligibility to 9
continue until such individual has returned to work and has earned at 10
least six times such individual's benefit rate. Suitable work means either 11
employment in the individual's usual occupation or field or other work 12
for which the individual is reasonably fitted, provided such work is 13
within a reasonable distance of the individual's residence. In 14
determining whether or not any work is suitable for an individual, the 15
administrator may consider the degree of risk involved to such 16
individual's health, safety and morals, such individual's physical fitness 17
and prior training and experience, such individual's skills, such 18 Substitute Bill No. 317
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individual's previous wage level and such individual's length of 19
unemployment, but, notwithstanding any provision of this chapter, no 20
work shall be deemed suitable nor shall benefits be denied under this 21
chapter to any otherwise eligible individual for refusing to accept work 22
under any of the following conditions: (A) If the position offered is 23
vacant due directly to a strike, lockout or other labor dispute; (B) if the 24
wages, hours or other conditions of work offered are substantially less 25
favorable to the individual than those prevailing for similar work in the 26
locality; (C) if, as a condition of being employed, the individual would 27
be required to join a company union or to resign from or refrain from 28
joining any bona fide labor organization; (D) if the position offered is for 29
work that commences or ends between the hours of one and six o'clock 30
in the morning if the administrator finds that such work would 31
constitute a high degree of risk to the health, safety or morals of the 32
individual, or would be beyond the physical capabilities or fitness of the 33
individual or there is no suitable transportation available from the 34
individual's home to or from the individual's place of employment; or 35
(E) if, as a condition of being employed, the individual would be 36
required to agree not to leave such position if recalled by the 37
individual's former employer; 38
(2) (A) If, in the opinion of the administrator, the individual has left 39
suitable work voluntarily and without good cause attributable to the 40
employer, until such individual has earned at least ten times such 41
individual's benefit rate, provided whenever an individual voluntarily 42
leaves part-time employment under conditions that would render the 43
individual ineligible for benefits, such individual's ineligibility shall be 44
limited as provided in subsection (b) of this section, if applicable, and 45
provided further, no individual shall be ineligible for benefits if the 46
individual leaves suitable work (i) for good cause attributable to the 47
employer, including leaving as a result of changes in conditions created 48
by the individual's employer, (ii) to care for the individual's spouse, 49
child, or parent with an illness or disability, as defined in subdivision 50
(16) of this subsection, (iii) due to the discontinuance of transportation, 51
other than the individual's personally owned vehicle, used to get to and 52 Substitute Bill No. 317
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from work, provided no reasonable alternative transportation is 53
available, (iv) to protect the individual, the individual's child, the 54
individual's spouse or the individual's parent from becoming or 55
remaining a victim of domestic violence, as defined in section 17b-112a, 56
provided such individual has made reasonable efforts to preserve the 57
employment, but the employer's account shall not at any time be 58
charged with respect to any voluntary leaving that falls under 59
subparagraph (A)(iv) of this subdivision, (v) for a separation from 60
employment that occurs on or after July 1, 2007, to accompany a spouse 61
who is on active duty with the armed forces of the United States and is 62
required to relocate by the armed forces, but the employer's account 63
shall not at any time be charged with respect to any voluntary leaving 64
that falls under subparagraph (A)(v) of this subdivision, or (vi) to 65
accompany such individual's spouse to a place from which it is 66
impractical for such individual to commute due to a change in location 67
of the spouse's employment, but the employer's account shall not be 68
charged with respect to any voluntary leaving under subparagraph 69
(A)(vi) of this subdivision; or 70
(B) If, in the opinion of the administrator, the individual has been 71
discharged or suspended for felonious conduct, conduct constituting 72
larceny of property or service, the value of which exceeds twenty-five 73
dollars, or larceny of currency, regardless of the value of such currency, 74
wilful misconduct in the course of the individual's employment, or 75
participation in an illegal strike, as determined by state or federal laws 76
or regulations, until such individual has earned at least ten times the 77
individual's benefit rate; provided an individual who (i) while on layoff 78
from regular work, accepts other employment and leaves such other 79
employment when recalled by the individual's former employer, (ii) 80
leaves work that is outside the individual's regular apprenticeable trade 81
to return to work in the individual's regular apprenticeable trade, (iii) 82
has left work solely by reason of governmental regulation or statute, or 83
(iv) leaves part-time work to accept full-time work, shall not be 84
ineligible on account of such leaving and the employer's account shall 85
not at any time be charged with respect to such separation, unless such 86 Substitute Bill No. 317
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employer has elected payments in lieu of contributions; 87
(3) During any week in which the administrator finds that the 88
individual's total or partial unemployment is due to the existence of a 89
labor dispute other than a lockout at the factory, establishment or other 90
premises at which the individual is or has been employed, provided the 91
provisions of this subsection do not apply (A) after a period of two 92
consecutive weeks in which the administrator finds that the individual's 93
total or partial unemployment is due to the existence of such labor 94
dispute, or (B) if it is shown to the satisfaction of the administrator that: 95
[(A) the] (i) The individual is not participating in or financing or directly 96
interested in the labor dispute that caused the unemployment, and [(B)] 97
(ii) the individual does not belong to a trade, class or organization of 98
workers, members of which, immediately before the commencement of 99
the labor dispute, were employed at the premises at which the labor 100
dispute occurred, and are participating in or financing or directly 101
interested in the dispute; or [(C)] (iii) the individual's unemployment is 102
due to the existence of a lockout. A lockout exists whether or not such 103
action is to obtain for the employer more advantageous terms when an 104
employer [(i)] (I) fails to provide employment to its employees with 105
whom the employer is engaged in a labor dispute, either by physically 106
closing its plant or informing its employees that there will be no work 107
until the labor dispute has terminated, or [(ii)] (II) makes an 108
announcement that work will be available after the expiration of the 109
existing contract only under terms and conditions that are less favorable 110
to the employees than those current immediately prior to such 111
announcement; provided in either event the recognized or certified 112
bargaining agent shall have advised the employer that the employees 113
with whom the employer is engaged in the labor dispute are ready, able 114
and willing to continue working pending the negotiation of a new 115
contract under the terms and conditions current immediately prior to 116
such announcement; 117
(4) (A) Prior to January 1, 2024, during any week with respect to 118
which the individual has received or is about to receive remuneration in 119 Substitute Bill No. 317
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the form of (i) (I) wages in lieu of notice or dismissal payments, 120
including severance or separation payment by an employer to an 121
employee beyond the employee's wages upon termination of the 122
employment relationship, unless the employee was required to waive 123
or forfeit a right or claim independently established by statute or 124
common law, against the employer as a condition of receiving the 125
payment, or any payment by way of compensation for loss of wages, or 126
(II) any other state or federal unemployment benefits, except mustering 127
out pay, terminal leave pay or any allowance or compensation granted 128
by the United States under an Act of Congress to an ex-serviceperson in 129
recognition of the ex-serviceperson's former military service, or any 130
service-connected pay or compensation earned by an ex-serviceperson 131
paid before or after separation or discharge from active military service, 132
or (ii) compensation for temporary disability under any workers' 133
compensation law; and 134
(B) On or after January 1, 2024, during any week with respect to 135
which the individual has received or is about to receive remuneration in 136
the form of (i) (I) wages in lieu of notice or dismissal payments, 137
including severance or separation payment by an employer to an 138
employee beyond the employee's wages upon termination of the 139
employment relationship or any payment by way of compensation for 140
loss of wages, (II) any other state or federal unemployment benefits, or 141
(III) any vacation pay relating to an identifiable week or weeks 142
designated as a vacation period by arrangement between the individual 143
or the individual's representative and the individual's employer or that 144
is the customary vacation period in the employer's industry. The 145
following are excluded from this subparagraph: Mustering out pay, 146
terminal leave pay or any allowance or compensation granted by the 147
United States under an Act of Congress to an ex-serviceperson in 148
recognition of the ex-serviceperson's former military service, or any 149
service-connected pay or compensation earned by an ex-serviceperson 150
paid before or after separation or discharge from active military service, 151
or any payment of accrued vacation pay payable upon separation from 152
employment, or (ii) compensation for temporary disability under any 153 Substitute Bill No. 317
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workers' compensation law; 154
(5) Repealed by P.A. 73-140; 155
(6) If the administrator finds that the individual has left employment 156
to attend a school, college or university as a regularly enrolled student, 157
such ineligibility to continue during such attendance; 158
(7) Repealed by P.A. 74-70, S. 2, 4; 159
(8) If the administrator finds that, having received benefits in a prior 160
benefit year, the individual has not again become employed and been 161
paid wages since the commencement of said prior benefit year in an 162
amount equal to the greater of three hundred dollars or five times the 163
individual's weekly benefit rate by an employer subject to the provisions 164
of this chapter or by an employer subject to the provisions of any other 165
state or federal unemployment compensation law; 166
(9) If the administrator finds that the individual has retired and that 167
such retirement was voluntary, until the individual has again become 168
employed and has been paid wages in an amount required as a 169
condition of eligibility as set forth in subdivision (3) of section 31-235; 170
except that the individual is not ineligible on account of such retirement 171
if the administrator finds (A) that the individual has retired because (i) 172
such individual's work has become unsuitable considering such 173
individual's physical condition and the degree of risk to such 174
individual's health and safety, and (ii) such individual has requested of 175
such individual's employer other work that is suitable, and (iii) such 176
individual's employer did not offer such individual such work, or (B) 177
that the individual has been involuntarily retired; 178
(10) Repealed by P.A. 77-426, S. 6, 19; 179
(11) Repealed by P.A. 77-426, S. 6, 19; 180
(12) Repealed by P.A. 77-426, S. 17, 19; 181 Substitute Bill No. 317
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(13) If the administrator finds that, having been sentenced to a term 182
of imprisonment of thirty days or longer and having commenced 183
serving such sentence, the individual has been discharged or suspended 184
during such period of imprisonment, until such individual has earned 185
at least ten times such individual's benefit rate; 186
(14) If the administrator finds that the individual has been discharged 187
or suspended because the individual has been disqualified under state 188
or federal law from performing the work for which such individual was 189
hired as a result of a drug or alcohol testing program mandated by and 190
conducted in accordance with such law, until such individual has 191
earned at least ten times such individual's benefit rate; 192
(15) If the individual is a temporary employee of a temporary help 193
service and the individual refuses to accept suitable employment when 194
it is offered by such service upon completion of an assignment until such 195
individual has earned at least six times such individual's benefit rate; 196
and 197
(16) (A) For purposes of subparagraph (A)(ii) of subdivision (2) of this 198
subsection, "illness or disability" means an illness or disability 199
diagnosed by a health care provider that necessitates care for the ill or 200
disabled person for a period of time longer than the employer is willing 201
to grant leave, paid or otherwise, and "health care provider" means (i) a 202
doctor of medicine or osteopathy who is authorized to practice medicine 203
or surgery by the state in which the doctor practices; (ii) a podiatrist, 204
dentist, psychologist, optometrist or chiropractor authorized to practice 205
by the state in which such person practices and performs within the 206
scope of the authorized practice; (iii) an advanced practice registered 207
nurse, nurse practitioner, nurse midwife or clinical social worker 208
authorized to practice by the state in which such person practices and 209
performs within the scope of the authorized practice; (iv) Christian 210
Science practitioners listed with the First Church of Christ, Scientist in 211
Boston, Massachusetts; (v) any medical practitioner from whom an 212
employer or a group health plan's benefits manager will accept 213
certification of the existence of a serious health condition to substantiate 214 Substitute Bill No. 317
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a claim for benefits; (vi) a medical practitioner, in a practice enumerated 215
in clauses (i) to (v), inclusive, of this subparagraph, who practices in a 216
country other than the United States, who is licensed to practice in 217
accordance with the laws and regulations of that country; or (vii) such 218
other health care provider as the Labor Commissioner approves, 219
performing within the scope of the authorized practice. 220
(B) For purposes of subparagraph (B) of subdivision (2) of this 221
subsection, "wilful misconduct" means deliberate misconduct in wilful 222
disregard of the employer's interest, or a single knowing violation of a 223
reasonable and uniformly enforced rule or policy of the employer, when 224
reasonably applied, provided such violation is not a result of the 225
employee's incompetence and provided further, in the case of absence 226
from work, "wilful misconduct" means an employee must be absent 227
without either good cause for the absence or notice to the employer 228
which the employee could reasonably have provided unde r the 229
circumstances for three separate instances within a twelve-month 230
period. Except with respect to tardiness, for purposes of subparagraph 231
(B) of subdivision (2) of this subsection, (i) prior to January 1, 2024, each 232
instance in which an employee is absent for one day or two consecutive 233
days without either good cause for the absence or notice to the employer 234
which the employee could reasonably have provided under the 235
circumstances constitutes a "separate instance", and (ii) on or after 236
January 1, 2024, each instance in which an employee is absent for one 237
day without either good cause for the absence or notice to the employer 238
which the employee could reasonably have provided under the 239
circumstances constitutes a "separate instance". 240
(C) For purposes of subdivision (15) of this subsection, "temporary 241
help service" means any person conducting a business that consists of 242
employing individuals directly for the purpose of furnishing part-time 243
or temporary help to others; and "temporary employee" means an 244
employee assigned to work for a client of a temporary help service. 245
(b) Any individual who has voluntarily left part-time employment 246
under conditions which would otherwise render him ineligible for 247 Substitute Bill No. 317
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benefits pursuant to subparagraph (A) of subdivision (2) of subsection 248
(a) of this section, who has not earned ten times his benefit rate since 249
such separation and who is otherwise eligible for benefits shall be 250
eligible to receive benefits only as follows: (1) If such separation from 251
the individual's part-time employment precedes a compensable 252
separation, under the provisions of this chapter, from his full-time 253
employment, he shall be eligible to receive an amount equal to the 254
benefits attributable solely to the wages paid to him for any employment 255
during his base period other than such part-time employment; or (2) if 256
such separation from the individual's part-time employment follows a 257
compensable separation, under the provisions of this chapter, from his 258
full-time employment, he shall be eligible to receive an amount equal to 259
the lesser of the partial unemployment benefits he would have received 260
under section 31-229 but for such separation from his part-time 261
employment or the partial unemployment benefits for which he would 262
be eligible under section 31-229 based on any subsequent part-time 263
employment. In no event may the employer who provided such part-264
time employment for the individual be charged for any benefits paid 265
pursuant to the subsection. For purposes of this subsection, "full-time 266
employment" means any job normally requiring thirty-five hours or 267
more of service each week, and "part-time employment" means any job 268
normally requiring less than thirty-five hours of service each week.269
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2022 31-236
LAB Joint Favorable Subst.