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General Assembly Substitute Bill No. 6668
January Session, 2023
AN ACT MODERNIZING THE PAID SICK DAYS STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-57r of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective January 1, 2024): 2
As used in this section and sections 31-57s to 31-57w, inclusive, as 3
amended by this act: 4
(1) "Child" means a biological, adopted or foster child, stepchild, legal 5
ward of [a service worker] an employee, or a child of [a service worker] 6
an employee standing in loco parentis [, who is (A) under eighteen years 7
of age; or (B) eighteen years of age or older and incapable of self-care 8
because of a mental or physical disability] or an individual to whom the 9
employee stood in loco parentis when the individual was a child; 10
[(2) "Day or temporary worker" means an individual who performs 11
work for another on (A) a per diem basis, or (B) an occasional or 12
irregular basis for only the time required to complete such work, 13
whether such individual is paid by the person for whom such work is 14
performed or by an employment agency or temporary help service, as 15
defined in section 31-129;] 16
[(3)] (2) "Employee" means an individual engaged in service to an 17
employer in the business of the employer; 18 Substitute Bill No. 6668
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[(4)] (3) "Employer" means any person, firm, business, educational 19
institution, nonprofit agency, corporation, limited liability company or 20
other entity; [that employs fifty or more individuals in the state, which 21
shall be determined based on such person's, firm's, business', 22
educational institution's, nonprofit agency's, corporation's, limited 23
liability company's or other entity's payroll for the week containing 24
October first, annually. "Employer" does not include: (A) Any business 25
establishment classified in sector 31, 32 or 33 in the North American 26
Industrial Classification System, or (B) any nationally chartered 27
organization exempt from taxation under Section 501(c)(3) of the 28
Internal Revenue Code of 1986, or any subsequent corresponding 29
internal revenue code of the United States, as from time to time 30
amended, that provides all of the following services: Recreation, child 31
care and education;] 32
(4) "Family member" means a spouse, sibling, child or parent of an 33
employee; 34
(5) "Family violence" has the same meaning as provided in section 35
46b-38a; 36
(6) "Parent" means a biological, adoptive or foster parent, stepparent, 37
parent-in-law or legal guardian of an employee or an employee's 38
spouse, an individual standing in loco parentis to an employee or an 39
individual who stood in loco parentis to the employee when the 40
employee was a child; 41
[(6)] (7) "Retaliatory personnel action" means any termination, 42
suspension, constructive discharge, demotion, unfavorable 43
reassignment, refusal to promote, disciplinary action or other adverse 44
employment action taken by an employer against an employee; [or a 45
service worker;] 46
[(7) "Service worker" means an employee primarily engaged in an 47
occupation with one of the following broad or detailed occupation code 48
numbers and titles, as defined by the federal Bureau of Labor Statistics 49 Substitute Bill No. 6668
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Standard Occupational Classification system or any successor system: 50
(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 51
Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 52
Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 53
21-1099 Community and Social Service Specialists, All Other; (G) 25-54
4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 55
Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-56
1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 57
Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 58
Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 59
Practitioner Support Technologists and Technicians; (R) 29-2060 60
Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 61
Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 62
31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 63
Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 64
Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 65
Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 66
(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 67
(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 68
Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 69
and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 70
and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 71
Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-72
2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 73
(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 74
Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 75
Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 76
Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 77
(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 78
of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 79
Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 80
(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 81
Receptionists and Information Clerks; (YY) 43-5020 Couriers and 82
Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 83
(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 84 Substitute Bill No. 6668
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Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 85
(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 86
43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 87
(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 88
Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 89
Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 90
Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 91
(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 92
Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 93
(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 94
Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 95
Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 96
and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 97
wage and overtime compensation requirements of the Fair Labor 98
Standards Act of 1938 and the regulations promulgated thereunder, as 99
amended from time to time. "Service worker" does not include day or 100
temporary workers;] 101
(8) "Sexual assault" means any act that constitutes a violation of 102
section 53a-70b of the general statutes, revision of 1958, revised to 103
January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 104
53a-73a; 105
(9) "Sibling" means a brother or sister related to a person by blood, 106
marriage, adoption by a parent of the individual or foster care 107
placement; 108
[(9)] (10) "Spouse" means a [husband or wife, as the case may be] 109
person who is legally married to an employee under the laws of any 110
state or a domestic partner of an employee as registered under the laws 111
of any state or political subdivision; and 112
[(10)] (11) "Year" means any three-hundred-sixty-five-day period 113
used by an employer to calculate employee benefits. 114
Sec. 2. Section 31-57s of the general statutes is repealed and the 115 Substitute Bill No. 6668
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following is substituted in lieu thereof (Effective January 1, 2024): 116
(a) (1) Each employer that employs eleven or more employees to 117
perform work for compensation on a full-time, part-time or temporary 118
basis shall provide paid sick leave annually to each of such employer's 119
[service workers] employees in the state. Each employer that employs 120
ten or fewer employees to perform work for compensation on a full-121
time, part-time or temporary basis shall provide unpaid, job-protected 122
sick leave annually to each of such employer's employees in the state. 123
(2) Such [paid] sick leave shall accrue [(1)] (A) beginning January 1, 124
[2012] 2024, for current employees, or for [a service worker] an 125
employee hired after said date, beginning on the [service worker's] 126
employee's date of employment, [(2)] (B) at a rate of one hour of [paid] 127
sick leave for each [forty] thirty hours worked by [a service worker] such 128
employee, and [(3)] (C) in one-hour increments up to a maximum of 129
forty hours per year. 130
(3) Each [service worker] employee shall be entitled to carry over up 131
to forty unused accrued hours of [paid] sick leave from the current year 132
to the following year, but no [service worker] employee shall be entitled 133
to use more than [the maximum number of accrued hours, as described 134
in subdivision (3) of this subsection,] forty hours of sick leave in any 135
year. An employer may provide all sick leave that an employee is 136
expected to accrue in a year at the beginning of such year. 137
(4) Notwithstanding the provisions of subdivisions (1) to (3), 138
inclusive, of this subsection, if an employer that employs ten or fewer 139
employees provides paid sick leave consistent with the requirements of 140
this section, such employer shall only be responsible for providing an 141
annual amount of unpaid, job-protected sick leave in an amount equal 142
to the difference of the amount required pursuant to subdivision (1) of 143
this subsection and the amount of paid sick leave such employer 144
provides. 145
(b) [A service worker] An employee shall be entitled to the use of 146 Substitute Bill No. 6668
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accrued [paid] sick leave upon the completion of [the service worker's] 147
such employee's six-hundred-eightieth hour of employment from 148
January 1, [2012] 2024, if the [service worker] employee was hired prior 149
to January 1, [2012] 2024, or if such employee was hired after January 1, 150
[2012] 2024, upon the completion of the [service worker's] employee's 151
six-hundred-eightieth hour of employment from the date of hire, unless 152
the employer agrees to an earlier date. [A service worker] An employee 153
shall not be entitled to the use of accrued [paid] sick leave if such [service 154
worker] employee did not work an average of ten or more hours per 155
week for the employer in the most recent complete quarter. 156
(c) An employer shall be deemed to be in compliance with this section 157
if the employer offers any other paid leave, or combination of other paid 158
leave that (1) may be used for the purposes of section 31-57t, as amended 159
by this act, and (2) is accrued in total at a rate equal to or greater than 160
the rate described in [subsections] subsection (a) [and (b)] of this section. 161
For the purposes of this subsection, "other paid leave" may include, but 162
need not be limited to, paid vacation, personal days or paid time off. 163
(d) Each employer shall pay each [service worker] employee for paid 164
sick leave at a pay rate equal to the greater of either (1) the normal 165
hourly wage for that [service worker] employee, or (2) the minimum fair 166
wage rate, under section 31-58, in effect for the pay period during which 167
the employee used paid sick leave. For any [service worker] employee 168
whose hourly wage varies depending on the work performed by the 169
[service worker] employee, "normal hourly wage" means the average 170
hourly wage of the [service worker] employee in the pay period prior to 171
the one in which the [service worker] employee used paid sick leave. 172
(e) Notwithstanding the provisions of this section and sections 31-57t 173
to 31-57w, inclusive, as amended by this act, and upon the mutual 174
[consent] agreement of the [service worker] employee and employer, [a 175
service worker] an employee who chooses to work additional hours or 176
shifts during the same or following pay period, in lieu of hours or shifts 177
missed, shall not use accrued [paid] sick leave. 178 Substitute Bill No. 6668
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(f) (1) If an employee is transferred by an employer to another 179
division, entity or worksite, but remains employed by such employer, 180
such employee shall retain and may use all sick leave accrued at such 181
prior division, entity or worksite. 182
(2) If another employer succeeds or takes the place of the original 183
employer, each employee of the original employer who remains 184
employed by such other employer shall retain and may use all sick leave 185
accrued while employed by the original employer. 186
(g) No employer shall require an employee to search for or find a 187
replacement to cover the hours for which such employee is using sick 188
leave as a condition of taking such sick leave. 189
[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 190
any employee, or (3) transfer any employee from one worksite to 191
another solely in order to not qualify as an employer, as defined in 192
section 31-57r, as amended by this act. 193
Sec. 3. Section 31-57t of the general statutes is repealed and the 194
following is substituted in lieu thereof (Effective January 1, 2024): 195
(a) An employer shall permit [a service worker] an employee to use 196
the [paid] sick leave accrued pursuant to section 31-57s, as amended by 197
this act: 198
(1) For (A) [a service worker's] an employee's illness, injury or health 199
condition, (B) the medical diagnosis, care or treatment of [a service 200
worker's] an employee's mental illness or physical illness, injury or 201
health condition, or (C) preventative medical care for [a service worker] 202
an employee; 203
(2) For (A) a [service worker's child's or spouse's] family member's 204
illness, injury or health condition, (B) the medical diagnosis, care or 205
treatment of a [service worker's child's or spouse's] family member's 206
mental or physical illness, injury or health condition, or (C) preventative 207
medical care for a [child or spouse of a service worker; and] family 208 Substitute Bill No. 6668
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member; 209
(3) For (A) closure, by order of a public official due to a public health 210
emergency of (i) an employer's place of business, or (ii) a family 211
member's school or place of care, or (B) a determination by a (i) health 212
authority having jurisdiction, (ii) employer of an employee, (iii) 213
employer of a family member, or (iv) a health care provider, that such 214
employee or family member may jeopardize the health of others due to 215
such employee or family member contracting a communicable illness, 216
provided such employee is unable to carry out required work activities 217
via telework or other remote work technology; and 218
[(3)] (4) Where [a service worker] an employee or family member is a 219
victim of family violence or sexual assault (A) for medical care or 220
psychological or other counseling for physical or psychological injury 221
or disability, (B) to obtain services from a victim services organization, 222
(C) to relocate due to such family violence or sexual assault, or (D) to 223
participate in any civil or criminal proceedings related to or resulting 224
from such family violence or sexual assault. 225
(b) If [a service worker's] an employee's need to use [paid] sick leave 226
is foreseeable, an employer may require advance notice, not to exceed 227
seven days prior to the date such leave is to begin, of the intention to use 228
such sick leave. If [a service worker's] an employee's need for such sick 229
leave is not foreseeable, an employer may require [a service worker] an 230
employee to give notice of such intention as soon as practicable. For 231
[paid] sick leave of three or more consecutive days, an employer may 232
require reasonable documentation that such leave is being taken for one 233
of the purposes permitted under subsection (a) of this section. If such 234
leave is permitted under subdivision (1) or (2) of subsection (a) of this 235
section, documentation signed by a health care provider who is treating 236
the [service worker] employee or [the service worker's child or spouse] 237
family member indicating the need for the number of days of such leave 238
shall be considered reasonable documentation. If such sick leave is 239
permitted under subdivision (3) of subsection (a) of this section, 240
documentation by a licensed medical professional of the laboratory test 241 Substitute Bill No. 6668
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or diagnosis of a communicable disease or documentation signed by a 242
health care provider, who treated an employee or family member, 243
indicating the need for the number of days of such leave shall be 244
considered reasonable documentation. If such sick leave is permitted 245
under subdivision [(3)] (4) of subsection (a) of this section, a court record 246
or documentation signed by [a service worker] an employee or 247
volunteer working for a victim services organization, an attorney, a 248
police officer or other counselor involved with the [service worker] 249
employee shall be considered reasonable documentation. No employer 250
shall require an employee to provide any documentation to explain the 251
nature of the illness or the details of the family violence or sexual assault. 252
(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 253
this act, shall be deemed to require any employer to provide [paid] sick 254
leave for [a service worker's] an employee's leave for any purpose other 255
than those described in this section. 256
(d) Unless an employee policy or collective bargaining agreement 257
provides for the payment of accrued fringe benefits upon termination, 258
no [service worker] employee shall be entitled to payment of unused 259
accrued paid sick leave under this section upon termination of 260
employment. 261
(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 262
this act, shall be construed to prohibit an employer from taking 263
disciplinary action against [a service worker] an employee who uses 264
[paid] sick leave provided under said sections [31-57s to 31-57w, 265
inclusive,] for purposes other than those described in this section. 266
Sec. 4. Section 31-57u of the general statutes is repealed and the 267
following is substituted in lieu thereof (Effective January 1, 2024): 268
(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 269
this act, shall be construed to (1) prevent employers from providing 270
more [paid] sick leave than is required under said sections, [31-57s to 271
31-57w, inclusive,] (2) diminish any rights provided to any employee [or 272 Substitute Bill No. 6668
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service worker] under a collective bargaining agreement, or (3) preempt 273
or override the terms of any collective bargaining agreement effective 274
prior to January 1, 2012. 275
(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 276
this act, shall be construed to prohibit an employer (1) from establishing 277
a policy whereby [a service worker] an employee may donate unused 278
accrued [paid] sick leave to another [service worker] employee, and (2) 279
who provides more [paid] sick leave than is required under sections 31-280
57s to 31-57w, inclusive, as amended by this act, for the purposes 281
described in subdivision (1) of subsection (a) of section 31-57t, as 282
amended by this act, from limiting the amount of such sick leave [a 283
service worker] an employee may use for other purposes. 284
(c) Any termination of [a service worker's] an employee's 285
employment by an employer, whether voluntary or involuntary, shall 286
be construed as a break in service. Should any [service worker] 287
employee subsequently be rehired by the employer following a break in 288
service, the [service worker] employee shall (1) begin to accrue sick 289
leave [in accordance with section 31-57s] immediately upon rehire, and 290
(2) shall not be entitled to any unused hours of [paid] sick leave that had 291
been accrued prior to the [service worker's] employee's break in service 292
unless agreed to by the employer. 293
Sec. 5. Section 31-57v of the general statutes is repealed and the 294
following is substituted in lieu thereof (Effective January 1, 2024): 295
(a) No employer shall take retaliatory personnel action or 296
discriminate against an employee because the employee (1) requests or 297
uses [paid] sick leave either in accordance with sections 31-57s, as 298
amended by this act, and 31-57t, as amended by this act, or in 299
accordance with the employer's own [paid] sick leave policy, as the case 300
may be, or (2) files a complaint with the Labor Commissioner alleging 301
the employer's violation of sections 31-57s to 31-57w, inclusive, as 302
amended by this act. 303 Substitute Bill No. 6668
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(b) The Labor Commissioner shall advise any employee who (1) is 304
covered by a collective bargaining agreement that provides for [paid] 305
sick days, and (2) files a complaint pursuant to subsection (a) of this 306
section of [his or her] the employee's right to pursue a grievance with 307
[his or her] the employee's collective bargaining agent. 308
(c) Any employee aggrieved by a violation of the provisions of 309
sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 310
complaint with the Labor Commissioner. Upon receipt of any such 311
complaint, said commissioner may hold a hearing. After the hearing, 312
any employer who is found by the Labor Commissioner, by a 313
preponderance of the evidence, to have violated the provisions of 314
subsection (a) of this section shall be liable to the Labor Department for 315
a civil penalty of five hundred dollars for each violation. Any employer 316
who is found by the Labor Commissioner, by a preponderance of the 317
evidence, to have violated the provisions of sections 31-57s to 31-57u, 318
inclusive, as amended by this act, or section 31-57w, as amended by this 319
act, shall be liable to the Labor Department for a civil penalty of up to 320
one hundred dollars for each violation. The Labor Commissioner may 321
award the employee all appropriate relief, including the payment for 322
used [paid] sick leave, rehiring or reinstatement to the employee's 323
previous job, payment of back wages and reestablishment of employee 324
benefits to which the employee otherwise would have been eligible if 325
the employee had not been subject to such retaliatory personnel action 326
or discriminated against. Any party aggrieved by the decision of the 327
commissioner may appeal the decision to the Superior Court in 328
accordance with the provisions of chapter 54. 329
(d) The Labor Commissioner shall administer this section within 330
available appropriations. 331
Sec. 6. Section 31-57w of the general statutes is repealed and the 332
following is substituted in lieu thereof (Effective January 1, 2024): 333
(a) Each employer subject to the provisions of section 31-57s, as 334
amended by this act, shall, at the time of hiring, provide notice to each 335 Substitute Bill No. 6668
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[service worker] employee (1) of the entitlement to sick leave for [service 336
workers] employees, the amount of sick leave provided to [service 337
workers] employees and the terms under which sick leave may be used, 338
(2) that retaliation by the employer against the [service worker] 339
employee for requesting or using sick leave for which the [service 340
worker] employee is eligible is prohibited, and (3) that the [service 341
worker] employee has a right to file a complaint with the Labor 342
Commissioner for any violation of this section and of sections 31-57s to 343
31-57v, inclusive, as amended by this act. Employers may comply with 344
the provisions of this section by displaying a poster in a conspicuous 345
place, accessible to [service workers] employees, at the employer's place 346
of business that contains the information required by this section in both 347
English and Spanish. The Labor Commissioner shall make a model of 348
such poster available to all employers. For employers that do not 349
maintain a physical workplace or for employees that telework or 350
perform work through a web-based or application-based platform, 351
employers may comply with the provisions of this section by posting 352
such information on a web-based or application-based platform. The 353
Labor Commissioner shall make a model of such information available 354
to all employers. The Labor Commissioner may adopt regulations, in 355
accordance with chapter 54, to establish additional requirements 356
concerning the means by which employers shall provide such notice. 357
The Labor Commissioner shall administer this section within available 358
appropriations. 359
(b) Each employer shall include in the record required under section 360
31-13a: (1) The number of hours, if any, of sick leave accrued by the 361
employee, and (2) the number of hours of sick leave used by the 362
employee during the year. Each employer shall retain such records for 363
a period of three years and shall allow the Labor Commissioner, with 364
appropriate notice and at a mutually agreed upon time, to access such 365
records in order to monitor compliance with the requirements of this 366
section. 367
Sec. 7. (NEW) (Effective January 1, 2024) The Labor Commissioner may 368 Substitute Bill No. 6668
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adopt regulations, in accordance with the provisions of chapter 54 of the 369
general statutes, to implement the provisions of sections 31-57s to 31-370
57w, inclusive, of the general statutes, as amended by this act. 371
This act shall take effect as follows and shall amend the following
sections:
Section 1 January 1, 2024 31-57r
Sec. 2 January 1, 2024 31-57s
Sec. 3 January 1, 2024 31-57t
Sec. 4 January 1, 2024 31-57u
Sec. 5 January 1, 2024 31-57v
Sec. 6 January 1, 2024 31-57w
Sec. 7 January 1, 2024 New section
Statement of Legislative Commissioners:
In Section 2(a)(2) ", for current employees" was added after "2024" for
clarity, and in Section 2(b) "such employee was" was added before
"hired" for clarity.
LAB Joint Favorable Subst. -LCO