Connecticut 2024 Regular Session

Connecticut House Bill HB05005 Compare Versions

Version 1 (Old)

Version 2 (New)

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	3	+	LCO 1 of 14
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	5	+	General Assembly Substitute Bill No. 5005
	6	+	February Session, 2024
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4		-	Substitute House Bill No. 5005
5		-
6		-	Public Act No. 24-8
7	10
8	11
9	12		AN ACT EXPANDING PAID SICK DAYS IN THE STATE.
10	13		Be it enacted by the Senate and House of Representatives in General
11	14		Assembly convened:
12	15
13		-	Section 1. Section 31-57r of the 2024 supplement to the general
14		-	statutes is repealed and the following is substituted in lieu thereof
15		-	(Effective January 1, 2025):
16		-	As used in this section and sections 31-57s to 31-57w, inclusive, as
17		-	amended by this act:
18		-	(1) "Child" means (A) a biological, adopted or foster child, stepchild
19		-	[,] or legal ward of [a service worker, or] an employee, (B) a child of [a
20		-	service worker] an employee standing in loco parentis, [who is (A)
21		-	under eighteen years of age; or (B) eighteen years of age or older and
22		-	incapable of self-care because of a mental or physical disability] or (C)
23		-	an individual to whom the employee stood in loco parentis when the
24		-	individual was a child;
25		-	[(2) "Day or temporary worker" means an individual who performs
26		-	work for another on (A) a per diem basis, or (B) an occasional or
27		-	irregular basis for only the time required to complete such work,
28		-	whether such individual is paid by the person for whom such work is
29		-	performed or by an employment agency or temporary help service, as Substitute House Bill No. 5005
	16	+	Section 1. Section 31-57r of the 2024 supplement to the general 1
	17	+	statutes is repealed and the following is substituted in lieu thereof 2
	18	+	(Effective January 1, 2025): 3
	19	+	As used in this section and sections 31-57s to 31-57w, inclusive, as 4
	20	+	amended by this act: 5
	21	+	(1) "Child" means (A) a biological, adopted or foster child, stepchild 6
	22	+	[,] or legal ward of [a service worker, or] an employee, (B) a child of [a 7
	23	+	service worker] an employee standing in loco parentis, [who is (A) 8
	24	+	under eighteen years of age; or (B) eighteen years of age or older and 9
	25	+	incapable of self-care because of a mental or physical disability] or (C) 10
	26	+	an individual to whom the employee stood in loco parentis when the 11
	27	+	individual was a child; 12
	28	+	[(2) "Day or temporary worker" means an individual who performs 13
	29	+	work for another on (A) a per diem basis, or (B) an occasional or 14
	30	+	irregular basis for only the time required to complete such work, 15
	31	+	whether such individual is paid by the person for whom such work is 16
	32	+	performed or by an employment agency or temporary help service, as 17
	33	+	defined in section 31-129;] 18 Substitute Bill No. 5005
30	34
31		-	Public Act No. 24-8 2 of 17
32	35
33		-	defined in section 31-129;]
34		-	[(3)] (2) "Employee" means an individual engaged in service to an
35		-	employer in the business of the employer. "Employee" does not include
36		-	(A) an individual who is a member of a construction-related
37		-	tradesperson employee organization that is a party to a multiemployer
38		-	health plan in which more than one employer is required to contribute
39		-	to such plan and such plan is maintained pursuant to one or more
40		-	collective bargaining agreements between a construction-related
41		-	tradesperson employee organization or organizations and employers,
42		-	or (B) a seasonal employee;
43		-	[(4)] (3) "Employer" means any person, firm, business, educational
44		-	institution, nonprofit agency, corporation, limited liability company or
45		-	other entity that (A) on and after January 1, 2025, employs [fifty or more]
46		-	twenty-five or more individuals in the state, (B) on and after January 1,
47		-	2026, employs eleven or more individuals in the state, and (C) on and
48		-	after January 1, 2027, employs one or more individuals in the state which
49		-	shall be determined based on such person's, firm's, business',
50		-	educational institution's, nonprofit agency's, corporation's, limited
51		-	liability company's or other entity's payroll for the week containing
52		-	[October] January first, annually. ["Employer" does not include: (A) Any
53		-	business establishment classified in sector 31, 32 or 33 in the North
54		-	American Industrial Classification System, or (B) any nationally
55		-	chartered organization exempt from taxation under Section 501(c)(3) of
56		-	the Internal Revenue Code of 1986, or any subsequent corresponding
57		-	internal revenue code of the United States, as from time to time
58		-	amended, that provides all of the following services: Recreation, child
59		-	care and education;] "Employer" does not include (i) an employer that
60		-	participates in a multiemployer health plan in which more than one
61		-	employer is required to contribute to such plan and such plan is
62		-	maintained pursuant to one or more collective bargaining agreements
63		-	between a construction-related tradesperson employee organization or Substitute House Bill No. 5005
	36	+	LCO 2 of 14
64	37
65		-	Public Act No. 24-8 3 of 17
	38	+	[(3)] (2) "Employee" means an individual engaged in service to an 19
	39	+	employer in the business of the employer. "Employee" does not include 20
	40	+	an individual who is a member of a construction-related trade person 21
	41	+	employee organization that is a party to a multiemployer health plan in 22
	42	+	which more than one employer is required to contribute to such plan 23
	43	+	and such plan is maintained pursuant to one or more collective 24
	44	+	bargaining agreements between a construction-related trade person 25
	45	+	employee organization or organizations and employers; 26
	46	+	[(4)] (3) "Employer" means any person, firm, business, educational 27
	47	+	institution, nonprofit agency, corporation, limited liability company or 28
	48	+	other entity that (A) on and after January 1, 2025, employs [fifty or more 29
	49	+	individuals in the state] twenty-five or more individuals in the state, (B) 30
	50	+	on and after January 1, 2026, employs eleven or more individuals in the 31
	51	+	state, and (C) on and after January 1, 2027, employs one or more 32
	52	+	individuals in the state, which shall be determined based on such 33
	53	+	person's, firm's, business', educational institution's, nonprofit agency's, 34
	54	+	corporation's, limited liability company's or other entity's payroll for the 35
	55	+	week containing October first, annually. "Employer" does not include: 36
	56	+	[(A) Any business establishment classified in sector 31, 32 or 33 in the 37
	57	+	North American Industrial Classification System, or (B) any nationally 38
	58	+	chartered organization exempt from taxation under Section 501(c)(3) of 39
	59	+	the Internal Revenue Code of 1986, or any subsequent corresponding 40
	60	+	internal revenue code of the United States, as from time to time 41
	61	+	amended, that provides all of the following services: Recreation, child 42
	62	+	care and education;] (i) An employer that participates in a 43
	63	+	multiemployer health plan in which more than one employer is required 44
	64	+	to contribute to such plan and such plan is maintained pursuant to one 45
	65	+	or more collective bargaining agreements between a construction-46
	66	+	related trade person employee organization or organizations and 47
	67	+	employers, or (ii) a self-employed individual; 48
	68	+	(4) "Family member" means a spouse, sibling, child, grandparent, 49
	69	+	grandchild or parent of an employee or an individual related to the 50
	70	+	employee by blood or affinity whose close association the employee 51
	71	+	shows to be equivalent to those family relationships; 52 Substitute Bill No. 5005
66	72
67		-	organizations and employers, or (ii) a self-employed individual;
68		-	(4) "Family member" means a spouse, sibling, child, grandparent,
69		-	grandchild or parent of an employee or an individual related to the
70		-	employee by blood or affinity whose close association the employee
71		-	shows to be equivalent to those family relationships;
72		-	(5) "Family violence" has the same meaning as provided in section
73		-	46b-38a;
74		-	(6) "Grandchild" means a grandchild related to a person by blood,
75		-	marriage, adoption by a child of the grandparent or foster care by a child
76		-	of the grandparent;
77		-	(7) "Parent" means (A) a biological, foster or adoptive parent,
78		-	stepparent, parent-in-law, legal guardian of an employee or an
79		-	employee's spouse, (B) an individual standing in loco parentis to an
80		-	employee, or (C) an individual who stood in loco parentis to the
81		-	employee when the employee was a child;
82		-	[(6)] (8) "Mental health wellness day" means a day during which [a
83		-	service worker] an employee attends to such [service worker's]
84		-	employee's emotional and psychological well-being in lieu of attending
85		-	a regularly scheduled shift;
86		-	(9) "Paid sick leave" means paid time that is provided by an employer
87		-	to an employee for the purposes described in section 31-57t, as amended
88		-	by this act;
89		-	[(7)] (10) "Retaliatory personnel action" means any termination,
90		-	suspension, constructive discharge, demotion, unfavorable
91		-	reassignment, refusal to promote, disciplinary action or other adverse
92		-	employment action taken by an employer against an employee; [or a
93		-	service worker; Substitute House Bill No. 5005
94	73
95		-	~~Public Act No. 24-8~~ 4 of 17
	74	+	LCO 3 of 14
96	75
97		-	(8) "Service worker" means an employee primarily engaged in an
98		-	occupation with one of the following broad or detailed occupation code
99		-	numbers and titles, as defined by the federal Bureau of Labor Statistics
100		-	Standard Occupational Classification system or any successor system:
101		-	(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health
102		-	Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and
103		-	Human Service Assistants; (E) 21-1094 Community Health Workers; (F)
104		-	21-1099 Community and Social Service Specialists, All Other; (G) 25-
105		-	4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician
106		-	Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-
107		-	1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170
108		-	Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040
109		-	Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health
110		-	Practitioner Support Technologists and Technicians; (R) 29-2060
111		-	Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home
112		-	Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U)
113		-	31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092
114		-	Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing
115		-	Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving
116		-	Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers;
117		-	(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers;
118		-	(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers,
119		-	Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants
120		-	and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts
121		-	and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090
122		-	Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-
123		-	2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners;
124		-	(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030
125		-	Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers,
126		-	Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage
127		-	Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers;
128		-	(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors
129		-	of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and Substitute House Bill No. 5005
	76	+	(5) "Family violence" has the same meaning as provided in section 53
	77	+	46b-38a; 54
	78	+	(6) "Grandchild" means a grandchild related to a person by blood, 55
	79	+	marriage, adoption by a child of the grandparent or foster care by a child 56
	80	+	of the grandparent; 57
	81	+	(7) "Parent" means (A) a biological, foster or adoptive parent, 58
	82	+	stepparent, parent-in-law or legal guardian of an employee or an 59
	83	+	employee's spouse, (B) an individual standing in loco parentis to an 60
	84	+	employee, or (C) an individual who stood in loco parentis to the 61
	85	+	employee when the employee was a child; 62
	86	+	[(6)] (8) "Mental health wellness day" means a day during which [a 63
	87	+	service worker] an employee attends to such [service worker's] 64
	88	+	employee's emotional and psychological well-being in lieu of attending 65
	89	+	a regularly scheduled shift; 66
	90	+	(9) "Paid sick leave" means paid time that is provided by an employer 67
	91	+	to an employee for the purposes described in section 31-57t, as amended 68
	92	+	by this act; 69
	93	+	[(7)] (10) "Retaliatory personnel action" means any termination, 70
	94	+	suspension, constructive discharge, demotion, unfavorable 71
	95	+	reassignment, refusal to promote, disciplinary action or other adverse 72
	96	+	employment action taken by an employer against an employee; [or a 73
	97	+	service worker;] 74
	98	+	[(8) "Service worker" means an employee primarily engaged in an 75
	99	+	occupation with one of the following broad or detailed occupation code 76
	100	+	numbers and titles, as defined by the federal Bureau of Labor Statistics 77
	101	+	Standard Occupational Classification system or any successor system: 78
	102	+	(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 79
	103	+	Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 80
	104	+	Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 81
	105	+	21-1099 Community and Social Service Specialists, All Other; (G) 25-82
	106	+	4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 83 Substitute Bill No. 5005
130	107
131		-	Public Act No. 24-8 5 of 17
132	108
133		-	Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers;
134		-	(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170
135		-	Receptionists and Information Clerks; (YY) 43-5020 Couriers and
136		-	Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants;
137		-	(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and
138		-	Information Processing Workers; (CCC) 43-9030 Desktop Publishers;
139		-	(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE)
140		-	43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service;
141		-	(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine
142		-	Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy
143		-	Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous
144		-	Office and Administrative Support Workers; (KKK) 51-3010 Bakers;
145		-	(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing
146		-	Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers;
147		-	(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency
148		-	Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi
149		-	Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists,
150		-	and is (i) paid on an hourly basis, or (ii) not exempt from the minimum
151		-	wage and overtime compensation requirements of the Fair Labor
152		-	Standards Act of 1938 and the regulations promulgated thereunder, as
153		-	amended from time to time. "Service worker" does not include day or
154		-	temporary workers;
155		-	(9)] (11) "Seasonal employee" means an employee who works one
156		-	hundred twenty days or less in any year;
157		-	(12) "Sexual assault" means any act that constitutes a violation of
158		-	section 53a-70b of the general statutes, revision of 1958, revised to
159		-	January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or
160		-	53a-73a;
161		-	(13) "Sibling" means a brother or sister related to an employee by (A)
162		-	blood, marriage or adoption by a parent of the employee, or (B) by foster
163		-	care placement; Substitute House Bill No. 5005
	109	+	LCO 4 of 14
164	110
165		-	Public Act No. 24-8 6 of 17
	111	+	Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-84
	112	+	1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 85
	113	+	Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 86
	114	+	Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 87
	115	+	Practitioner Support Technologists and Technicians; (R) 29-2060 88
	116	+	Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 89
	117	+	Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 90
	118	+	31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 91
	119	+	Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 92
	120	+	Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 93
	121	+	Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 94
	122	+	(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 95
	123	+	(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 96
	124	+	Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 97
	125	+	and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 98
	126	+	and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 99
	127	+	Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-100
	128	+	2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 101
	129	+	(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 102
	130	+	Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 103
	131	+	Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 104
	132	+	Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 105
	133	+	(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 106
	134	+	of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 107
	135	+	Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 108
	136	+	(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 109
	137	+	Receptionists and Information Clerks; (YY) 43-5020 Couriers and 110
	138	+	Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 111
	139	+	(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 112
	140	+	Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 113
	141	+	(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 114
	142	+	43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 115
	143	+	(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 116
	144	+	Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 117
	145	+	Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 118 Substitute Bill No. 5005
166	146
167		-	[(10)] (14) "Spouse" means a [husband or wife, as the case may be]
168		-	person who is (A) legally married to an employee under the laws of any
169		-	state, or (B) a domestic partner of an employee registered under the laws
170		-	of any state or political subdivision; and
171		-	[(11)] (15) "Year" means any three-hundred-sixty-five-day period
172		-	used by an employer to calculate employee benefits.
173		-	Sec. 2. Section 31-57s of the general statutes is repealed and the
174		-	following is substituted in lieu thereof (Effective January 1, 2025):
175		-	(a) Each employer shall provide paid sick leave annually to each of
176		-	such employer's [service workers] employees in the state. Such paid sick
177		-	leave shall accrue (1) (A) beginning (i) January 1, [2012] 2025, for an
178		-	employee of an employer that employs twenty-five or more individuals
179		-	in the state, (ii) January 1, 2026, for an employee of an employer that
180		-	employs eleven or more individuals in the state, or (iii) January 1, 2027,
181		-	for an employee of an employer that employs one or more individuals
182		-	in the state, or (B) for [a service worker] an employee hired after said
183		-	[date] dates, beginning on the [service worker's] employee's first date of
184		-	employment, (2) at a rate of one hour of paid sick leave for each [forty]
185		-	thirty hours worked by [a service worker] an employee, and (3) in one-
186		-	hour increments up to a maximum of forty hours per year. [Each service
187		-	worker] An employer may provide its employees with a greater amount
188		-	of paid sick leave or provide paid sick leave at a faster rate than required
189		-	by this subsection. Each employee shall be entitled to carry over up to
190		-	forty unused accrued hours of paid sick leave from the current year to
191		-	the following year, but no [service worker] employee shall be entitled to
192		-	use more than the maximum number of accrued hours, as described in
193		-	subdivision (3) of this subsection, in any year. In lieu of any carry-over
194		-	of unused paid sick leave from the current year to the following year, an
195		-	employer may provide an employee with an amount of paid sick leave
196		-	that meets or exceeds the requirements of this subsection and is
197		-	available for the employee's immediate use at the beginning of the Substitute House Bill No. 5005
198	147
199		-	~~Public Act No. 24-8~~ 7 of 17
	148	+	LCO 5 of 14
200	149
201		-	~~following year.~~
202		-	(b) ~~[A service worker]~~ ~~An employee shall be entitled to the use of any~~
203		-	~~accrued paid sick leave [upon~~ ~~the completion of the service worker's six-~~
204		-	~~hundred-eightieth hour of employment from January 1~~, ~~2012, if the~~
205		-	~~service worker was hired prior to January 1,~~ ~~2012, or if hired after~~
206		-	~~January 1~~, ~~2012, upon the completion of the service worker's six-~~
207		-	~~hundred-eightieth hour of employment~~ from the ~~date of hire, unless the~~
208		-	~~employer agrees to an earlier date.~~ ~~A service worker shall not be entitled~~
209		-	to the ~~use of accrued paid sick leave if such service worker did not work~~
210		-	~~an average of ten~~ or ~~more hours per week for the employer in the most~~
211		-	~~recent complete quarter~~] ~~on and after the one hundred twentieth~~
212		-	~~calendar day~~ of ~~such employee's employment.~~
213		-	~~(c) An employer shall be deemed~~ to ~~be in compliance with this section~~
214		-	~~if the employer offers any other paid leave~~, or ~~combination of other paid~~
215		-	~~leave that (1) may be used for the purposes of, and under the same~~
216		-	~~conditions as provided in,~~ ~~section 31-57t, as amended~~ by ~~this act, and~~ (2)
217		-	~~is accrued in total at~~ a ~~rate equal to~~ or ~~greater than the rate described in~~
218		-	~~[subsections] subsection (a) [and (b)] of this section. For the purposes of~~
219		-	~~this subsection~~, ~~"other paid leave"~~ may ~~include, but need not be limited~~
220		-	to~~, paid vacation,~~ ~~personal days or paid time off,~~ ~~including unlimited~~
221		-	~~paid time off.~~
222		-	~~(d) Each employer shall pay each [service~~ ~~worker] employee for paid~~
223		-	~~sick leave at~~ a ~~pay rate equal to [the greater of either] (1) the normal~~
224		-	~~hourly wage for~~ that ~~[service worker]~~ ~~employee, or (2) the minimum fair~~
225		-	~~wage rate under section 31-58 in effect for the pay period during which~~
226		-	the ~~employee [used] uses paid sick leave, whichever~~ is ~~greater. For any~~
227		-	~~[service worker]~~ ~~employee whose hourly wage varies depending on the~~
228		-	~~work performed by [the~~ ~~service worker]~~ ~~such employee,~~ ~~"normal hourly~~
229		-	~~wage" means the average hourly wage~~ of ~~the~~ [service ~~worker~~] ~~employee~~
230		-	~~in the pay period prior to the one in which the~~ [~~service worker used]~~
231		-	~~employee uses paid sick leave.~~ Substitute ~~House~~ Bill No. 5005
	150	+	Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 119
	151	+	(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 120
	152	+	Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 121
	153	+	(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 122
	154	+	Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 123
	155	+	Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 124
	156	+	and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 125
	157	+	wage and overtime compensation requirements of the Fair Labor 126
	158	+	Standards Act of 1938 and the regulations promulgated thereunder, as 127
	159	+	amended from time to time. "Service worker" does not include day or 128
	160	+	temporary workers;] 129
	161	+	[(9)] (11) "Sexual assault" means any act that constitutes a violation of 130
	162	+	section 53a-70b of the general statutes, revision of 1958, revised to 131
	163	+	January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 132
	164	+	53a-73a; 133
	165	+	(12) "Sibling" means a brother or sister related to an employee by (A) 134
	166	+	blood, marriage or adoption by a parent of the employee, or (B) by foster 135
	167	+	care placement; 136
	168	+	[(10)] (13) "Spouse" means a [husband or wife, as the case may be] 137
	169	+	person who is (A) legally married to an employee under the laws of any 138
	170	+	state, or (B) a domestic partner of an employee registered under the laws 139
	171	+	of any state or political subdivision; and 140
	172	+	[(11)] (14) "Year" means [any] a three-hundred-sixty-five-day period 141
	173	+	used by an employer to calculate employee benefits that begins on 142
	174	+	January first and ends on December thirty-first. 143
	175	+	Sec. 2. Section 31-57s of the general statutes is repealed and the 144
	176	+	following is substituted in lieu thereof (Effective January 1, 2025): 145
	177	+	(a) Each employer shall provide forty hours of paid sick leave 146
	178	+	annually to each of such employer's [service workers] employees in the 147
	179	+	state. Such paid sick leave shall [accrue (1) beginning January 1, 2012, or 148
	180	+	for a service worker hired after said date, beginning on the service 149 Substitute Bill No. 5005
232	181
233		-	Public Act No. 24-8 8 of 17
234	182
235		-	(e) Notwithstanding the provisions of this section and sections 31-57t
236		-	to 31-57w, inclusive, as amended by this act, and upon the mutual
237		-	consent of the [service worker] employee and employer, [a service
238		-	worker] an employee who chooses to work additional hours or shifts
239		-	during the same or following pay period, in lieu of hours or shifts
240		-	missed, shall not use accrued paid sick leave.
241		-	(f) An employee who is exempt from overtime requirements under
242		-	the provisions of 29 USC 213(a)(1), as amended from time to time, shall
243		-	be presumed to work forty hours each work week for purposes of paid
244		-	sick leave accrual, except each such employee, whose normal work
245		-	week is less than forty hours, shall accrue paid sick leave based upon
246		-	the hours worked in such normal work week.
247		-	(g) (1) If an employee is transferred by an employer to another
248		-	division, entity or worksite but remains employed by such employer,
249		-	such employee shall retain and may use all paid sick leave accrued or
250		-	received by the employee while working at such prior division, entity
251		-	or worksite.
252		-	(2) If another employer succeeds or takes the place of an existing
253		-	employer, each employee of the original employer who remains
254		-	employed by such other successor employer shall retain and may use
255		-	all paid sick leave accrued or received while employed by the original
256		-	employer.
257		-	(h) No employer shall require an employee who will use or is using
258		-	paid sick leave to search for or find another employee to serve as a
259		-	replacement for such employee to work the hours that such employee is
260		-	or was scheduled to work.
261		-	[(f)] (i) No employer shall (1) terminate any employee, (2) dismiss any
262		-	employee, or (3) transfer any employee from one worksite to another
263		-	solely in order to not qualify as an employer, as defined in section 31- Substitute House Bill No. 5005
	183	+	LCO 6 of 14
264	184
265		-	Public Act No. 24-8 9 of 17
	185	+	worker's date of employment, (2) at a rate of one hour of paid sick leave 150
	186	+	for each forty hours worked by a service worker, and (3) in one-hour 151
	187	+	increments up to a maximum of forty hours per year. Each service 152
	188	+	worker shall be entitled to carry over up to forty unused accrued hours 153
	189	+	of paid sick leave from the current year to the following year, but no 154
	190	+	service worker shall be entitled to use more than the maximum number 155
	191	+	of accrued hours, as described in subdivision (3) of this subsection, in 156
	192	+	any year] be provided as follows: (1) For employees who have been 157
	193	+	employed by such employer for one hundred eighty days prior to 158
	194	+	January 1, 2025, such employer shall provide such employees with the 159
	195	+	amount of sick leave required pursuant to this section on January 1, 160
	196	+	2025, (2) for employees who have not been employed by such employer 161
	197	+	for one hundred eighty days prior to January 1, 2025, an employer shall 162
	198	+	provide such employees with the amount of sick leave required 163
	199	+	pursuant to this section upon such employees' one hundred eightieth 164
	200	+	day of employment with such employer from such employee's date of 165
	201	+	hire, and (3) for employees hired on or after January 1, 2025, such 166
	202	+	employer shall provide such employees with the amount of sick leave 167
	203	+	required pursuant to this section upon such employee's one hundred 168
	204	+	eightieth day of employment with such employer from such employee's 169
	205	+	date of hire. 170
	206	+	(b) [A service worker] An employee shall be entitled to the use of 171
	207	+	[accrued] received paid sick leave [upon the completion of the service 172
	208	+	worker's six-hundred-eightieth hour of employment from January 1, 173
	209	+	2012, if the service worker was hired prior to January 1, 2012, or if hired 174
	210	+	after January 1, 2012, upon the completion of the service worker's six-175
	211	+	hundred-eightieth hour of employment from the date of hire, unless the 176
	212	+	employer agrees to an earlier date. A service worker shall not be entitled 177
	213	+	to the use of accrued paid sick leave if such service worker did not work 178
	214	+	an average of ten or more hours per week for the employer in the most 179
	215	+	recent complete quarter] immediately. 180
	216	+	(c) An employer shall be deemed to be in compliance with this section 181
	217	+	if the employer (1) offers any other paid leave, or combination of other 182
	218	+	paid leave that [(1)] (A) may be used for the purposes of and under the 183 Substitute Bill No. 5005
266	219
267		-	57r, as amended by this act.
268		-	Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is
269		-	repealed and the following is substituted in lieu thereof (Effective January
270		-	1, 2025):
271		-	(a) An employer shall permit [a service worker] an employee to use
272		-	the paid sick leave accrued pursuant to section 31-57s, as amended by
273		-	this act:
274		-	(1) For (A) [a service worker's] an employee's illness, injury or health
275		-	condition, (B) the medical diagnosis, care or treatment of [a service
276		-	worker's] an employee's mental [illness] or physical illness, injury or
277		-	health condition, (C) preventative medical care for [a service worker] an
278		-	employee's mental or physical health, or (D) a mental health wellness
279		-	day;
280		-	(2) For (A) [a service worker's child's or spouse's] illness, injury or
281		-	health condition of an employee's family member, (B) the medical
282		-	diagnosis, care or treatment of a [service worker's child's or spouse's]
283		-	mental or physical illness, injury or health condition of an employee's
284		-	family member, or (C) preventative medical care for [a child or spouse
285		-	of a service worker; and] an employee's family member for such family
286		-	member's mental or physical health;
287		-	(3) For closure by order of a public official, due to a public health
288		-	emergency, of either (A) an employer's place of business, or (B) a family
289		-	member's school or place of care;
290		-	(4) For a determination by a health authority having jurisdiction, an
291		-	employer of the employee, an employer of a family member or a health
292		-	care provider, that such employee or family member poses a risk to the
293		-	health of others due to such employee's or family member's exposure to
294		-	a communicable illness, whether or not the employee or family member
295		-	contracted the communicable illness; and Substitute House Bill No. 5005
296	220
297		-	~~Public Act No. 24-8~~ 10 of 17
	221	+	LCO 7 of 14
298	222
299		-	[(3)] (5) Where [a service worker] an employee or an employee's
300		-	family member is [(A)] a victim of family violence or sexual assault, [or
301		-	(B) the parent or guardian of a child who is a victim of family violence
302		-	or sexual assault,] provided such [service worker] employee is not the
303		-	perpetrator or alleged perpetrator of such family violence or sexual
304		-	assault, for [(i)] (A) medical care or psychological or other counseling
305		-	for physical or psychological injury or disability, [(ii)] (B) obtaining
306		-	services from a victim services organization, [(iii)] (C) relocating due to
307		-	such family violence or sexual assault, or [(iv)] (D) participating in any
308		-	civil or criminal proceedings related to or resulting from such family
309		-	violence or sexual assault.
310		-	(b) [If a service worker's need to use paid sick leave is foreseeable, an
311		-	employer may require advance notice, not to exceed seven days prior to
312		-	the date such leave is to begin, of the intention to use such leave. If a
313		-	service worker's need for such leave is not foreseeable, an employer may
314		-	require a service worker to give notice of such intention as soon as
315		-	practicable. For paid sick leave of three or more consecutive days, an
316		-	employer may require reasonable documentation that such leave is
317		-	being taken for one of the purposes permitted under subsection (a) of
318		-	this section. If such leave is permitted under subdivision (1) or (2) of
319		-	subsection (a) of this section, documentation signed by a health care
320		-	provider who is treating the service worker or the service worker's child
321		-	or spouse indicating the need for the number of days of such leave shall
322		-	be considered reasonable documentation. If such leave is permitted
323		-	under subdivision (3) of subsection (a) of this section, a court record or
324		-	documentation signed by a service worker or volunteer working for a
325		-	victim services organization, an attorney, a police officer or other
326		-	counselor involved with the service worker shall be considered
327		-	reasonable documentation.] No employer shall require an employee to
328		-	provide any documentation that such leave is being taken for one of the
329		-	purposes permitted under subsection (a) of this section. Substitute House Bill No. 5005
	223	+	same conditions provided in section 31-57t, as amended by this act, and 184
	224	+	[(2)] (B) is [accrued] received in total at a rate equal to or greater than 185
	225	+	the rate described in subsections (a) and (b) of this section, or (2) 186
	226	+	provides a one-time payment to each employee equal to forty hours of 187
	227	+	work at a pay rate equal to the greater of either (A) the normal hourly 188
	228	+	wage for that employee, or (B) the minimum fair wage rate under 189
	229	+	section 31-58 in effect at the time of such payment. For the purposes of 190
	230	+	this subsection, "other paid leave" may include, but need not be limited 191
	231	+	to, paid vacation, personal days or paid time off. 192
	232	+	(d) Each employer shall pay each [service worker] employee for paid 193
	233	+	sick leave at a pay rate equal to [the greater of either] (1) the normal 194
	234	+	hourly wage for that [service worker] employee, or (2) the minimum fair 195
	235	+	wage rate under section 31-58 in effect for the pay period during which 196
	236	+	the employee [used] uses paid sick leave, whichever is greater. For any 197
	237	+	[service worker] employee whose hourly wage varies depending on the 198
	238	+	work performed by [the service worker] such employee, "normal hourly 199
	239	+	wage" means the average hourly wage of the [service worker] employee 200
	240	+	in the pay period prior to the one in which the [service worker used] 201
	241	+	employee uses paid sick leave. 202
	242	+	(e) Notwithstanding the provisions of this section and sections 31-57t 203
	243	+	to 31-57w, inclusive, as amended by this act, and upon the mutual 204
	244	+	consent of the [service worker] employee and employer, [a service 205
	245	+	worker] an employee who chooses to work additional hours or shifts 206
	246	+	during the same or following pay period, in lieu of hours or shifts 207
	247	+	missed, shall not use [accrued] paid sick leave. 208
	248	+	(f) (1) If an employee is transferred by an employer to another 209
	249	+	division, entity or worksite but remains employed by such employer, 210
	250	+	such employee shall retain and may use all paid sick leave received by 211
	251	+	the employee while working at such prior division, entity or worksite. 212
	252	+	(2) If another employer succeeds or takes the place of an existing 213
	253	+	employer, each employee of the original employer who remains 214
	254	+	employed by such other successor employer shall retain and may use 215 Substitute Bill No. 5005
330	255
331		-	Public Act No. 24-8 11 of 17
332	256
333		-	(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by
334		-	this act, shall be deemed to require any employer to provide paid sick
335		-	leave for [a service worker's] an employee's leave for any purpose other
336		-	than those described in this section.
337		-	(d) Unless an employee policy or collective bargaining agreement
338		-	provides for the payment of accrued fringe benefits upon termination,
339		-	no [service worker] employee shall be entitled to payment of unused
340		-	accrued paid sick leave under this section upon termination of
341		-	employment.
342		-	(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by
343		-	this act, shall be construed to prohibit an employer from taking
344		-	disciplinary action against [a service worker] an employee who uses
345		-	paid sick leave provided under sections 31-57s to 31-57w, inclusive, as
346		-	amended by this act, for purposes other than those described in this
347		-	section.
348		-	Sec. 4. Section 31-57u of the general statutes is repealed and the
349		-	following is substituted in lieu thereof (Effective January 1, 2025):
350		-	(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by
351		-	this act, shall be construed to (1) prevent employers from providing
352		-	more paid sick leave than is required under said sections, [31-57s to 31-
353		-	57w, inclusive,] (2) diminish any rights provided to any employee [or
354		-	service worker] under a collective bargaining agreement, or (3) preempt
355		-	or override the terms of (A) any collective bargaining agreement
356		-	effective prior to January 1, 2012, or (B) any collective bargaining
357		-	agreement entered into on or after July 1, 2012, pursuant to chapter
358		-	319pp.
359		-	(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by
360		-	this act, shall be construed to prohibit an employer (1) from establishing
361		-	a policy whereby [a service worker] an employee may donate unused Substitute House Bill No. 5005
	257	+	LCO 8 of 14
362	258
363		-	Public Act No. 24-8 12 of 17
	259	+	all paid sick leave received while employed by the original employer. 216
	260	+	(g) No employer shall require an employee who will use or is using 217
	261	+	paid sick leave to search for or find another employee to serve as a 218
	262	+	replacement for such employee to work the hours that such employee is 219
	263	+	or was scheduled to work. 220
	264	+	[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 221
	265	+	any employee, or (3) transfer any employee from one worksite to 222
	266	+	another solely in order to not qualify as an employer, as defined in 223
	267	+	section 31-57r, as amended by this act. 224
	268	+	Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is 225
	269	+	repealed and the following is substituted in lieu thereof (Effective January 226
	270	+	1, 2025): 227
	271	+	(a) An employer shall permit [a service worker] an employee to use 228
	272	+	the paid sick leave [accrued] received pursuant to section 31-57s, as 229
	273	+	amended by this act: 230
	274	+	(1) For (A) [a service worker's] an employee's illness, injury or health 231
	275	+	condition, (B) the medical diagnosis, care or treatment of [a service 232
	276	+	worker's] an employee's mental [illness] or physical illness, injury or 233
	277	+	health condition, (C) preventative medical care for [a service worker] an 234
	278	+	employee's mental or physical health, or (D) a mental health wellness 235
	279	+	day; 236
	280	+	(2) For (A) [a service worker's child's or spouse's] illness, injury or 237
	281	+	health condition of an employee's family member, (B) the medical 238
	282	+	diagnosis, care or treatment of [a service worker's child's or spouse's] 239
	283	+	mental or physical illness, injury or health condition of an employee's 240
	284	+	family member, or (C) preventative medical care for [a child or spouse 241
	285	+	of a service worker; and] an employee's family member for such family 242
	286	+	member's mental or physical health; 243
	287	+	(3) For closure, by order of a public official due to a public health 244
	288	+	emergency, of either (A) an employer's place of business, or (B) a family 245 Substitute Bill No. 5005
364	289
365		-	accrued paid sick leave to another [service worker] employee, and (2)
366		-	who provides more paid sick leave than is required under sections 31-
367		-	57s to 31-57w, inclusive, as amended by this act, for the purposes
368		-	described in subdivision (1) of subsection (a) of section 31-57t, as
369		-	amended by this act, from limiting the amount of such leave [a service
370		-	worker] an employee may use for other purposes.
371		-	(c) Any termination of [a service worker's] an employee's
372		-	employment by an employer, whether voluntary or involuntary, shall
373		-	be construed as a break in service. Should any [service worker]
374		-	employee subsequently be rehired by the employer following a break in
375		-	service, the [service worker] employee (1) shall [(1)] begin to accrue sick
376		-	leave in accordance with section 31-57s, as amended by this act, and (2)
377		-	shall not be entitled to any unused hours of paid sick leave that had been
378		-	accrued prior to the [service worker's] employee's break in service
379		-	unless agreed to by the employer.
380		-	Sec. 5. Section 31-57v of the general statutes is repealed and the
381		-	following is substituted in lieu thereof (Effective January 1, 2025):
382		-	(a) No employer shall take retaliatory personnel action or
383		-	discriminate against an employee because the employee (1) requests or
384		-	uses paid sick leave either in accordance with sections 31-57s, as
385		-	amended by this act, and 31-57t, as amended by this act, or in
386		-	accordance with the employer's own paid sick leave policy, as the case
387		-	may be, or (2) files a complaint with the Labor Commissioner alleging
388		-	the employer's violation of sections 31-57s to 31-57w, inclusive, as
389		-	amended by this act.
390		-	(b) The Labor Commissioner shall advise any employee who (1) is
391		-	covered by a collective bargaining agreement that provides for paid sick
392		-	days, and (2) files a complaint pursuant to subsection (a) of this section
393		-	of [his or her] the employee's right to pursue a grievance with [his or
394		-	her] the employee's collective bargaining agent. Substitute House Bill No. 5005
395	290
396		-	~~Public Act No. 24-8~~ 13 of 17
	291	+	LCO 9 of 14
397	292
398		-	(c) Any employee aggrieved by a violation of the provisions of
399		-	sections 31-57s to 31-57w, inclusive, as amended by this act, may file a
400		-	complaint with the Labor Commissioner. Upon receipt of any such
401		-	complaint, [said] the commissioner may hold a hearing. After the
402		-	hearing, any employer who is found by the Labor Commissioner, by a
403		-	preponderance of the evidence, to have violated the provisions of
404		-	subsection (a) of this section shall be liable to the Labor Department for
405		-	a civil penalty of five hundred dollars for each violation. Any employer
406		-	who is found by the Labor Commissioner, by a preponderance of the
407		-	evidence, to have violated the provisions of sections 31-57s to 31-57u,
408		-	inclusive, as amended by this act, or section 31-57w, as amended by this
409		-	act, shall be liable to the Labor Department for a civil penalty of up to
410		-	one hundred dollars for each violation. The Labor Commissioner may
411		-	award the employee all appropriate relief, including the payment for
412		-	used paid sick leave, rehiring or reinstatement to the employee's
413		-	previous job, payment of back wages and reestablishment of employee
414		-	benefits to which the employee otherwise would have been eligible if
415		-	the employee had not been subject to such retaliatory personnel action
416		-	or discriminated against. Any party aggrieved by the decision of the
417		-	commissioner may appeal the decision to the Superior Court in
418		-	accordance with the provisions of chapter 54.
419		-	(d) The Labor Commissioner shall administer this section within
420		-	available appropriations.
421		-	Sec. 6. Section 31-57w of the general statutes is repealed and the
422		-	following is substituted in lieu thereof (Effective January 1, 2025):
423		-	(a) Each employer subject to the provisions of section 31-57s, as
424		-	amended by this act, shall, at the time of hiring, provide notice to each
425		-	[service worker] employee (1) of (A) the entitlement to paid sick leave
426		-	for [service workers,] employees, (B) the amount of paid sick leave
427		-	provided to [service workers] employees, and (C) the terms under
428		-	which paid sick leave may be used, (2) that retaliation by the employer Substitute House Bill No. 5005
	293	+	member's school or place of care; 246
	294	+	(4) For a determination by a health authority having jurisdiction, an 247
	295	+	employer of the employee, an employer of a family member or a health 248
	296	+	care provider, that such employee or family member poses a risk to the 249
	297	+	health of others due to such employee's or family member's exposure to 250
	298	+	a communicable illness, whether or not the employee or family member 251
	299	+	contracted the communicable illness; and 252
	300	+	[(3)] (5) Where [a service worker] an employee or an employee's 253
	301	+	family member is [(A)] a victim of family violence or sexual assault, [or 254
	302	+	(B) the parent or guardian of a child who is a victim of family violence 255
	303	+	or sexual assault,] provided such [service worker] employee is not the 256
	304	+	perpetrator or alleged perpetrator of such family violence or sexual 257
	305	+	assault, for [(i)] (A) medical care or psychological or other counseling 258
	306	+	for physical or psychological injury or disability, [(ii)] (B) obtaining 259
	307	+	services from a victim services organization, [(iii)] (C) relocating due to 260
	308	+	such family violence or sexual assault, or [(iv)] (D) participating in any 261
	309	+	civil or criminal proceedings related to or resulting from such family 262
	310	+	violence or sexual assault. 263
	311	+	(b) If [a service worker's] an employee's need to use paid sick leave is 264
	312	+	foreseeable, an employer may require advance notice, not to exceed 265
	313	+	seven days prior to the date such leave is to begin, of the intention to use 266
	314	+	such leave. If [a service worker's] an employee's need for such leave is 267
	315	+	not foreseeable, an employer may require [a service worker] an 268
	316	+	employee to give notice of such intention as soon as practicable. [For 269
	317	+	paid sick leave of three or more consecutive days, an employer may 270
	318	+	require reasonable documentation that such leave is being taken for one 271
	319	+	of the purposes permitted under subsection (a) of this section. If such 272
	320	+	leave is permitted under subdivision (1) or (2) of subsection (a) of this 273
	321	+	section, documentation signed by a health care provider who is treating 274
	322	+	the service worker or the service worker's child or spouse indicating the 275
	323	+	need for the number of days of such leave shall be considered 276
	324	+	reasonable documentation. If such leave is permitted under subdivision 277
	325	+	(3) of subsection (a) of this section, a court record or documentation 278 Substitute Bill No. 5005
429	326
430		-	Public Act No. 24-8 14 of 17
431	327
432		-	against the [service worker] employee for requesting or using paid sick
433		-	leave for which the [service worker] employee is eligible is prohibited,
434		-	and (3) that the [service worker] employee has a right to file a complaint
435		-	with the Labor Commissioner for any violation of this section and of
436		-	sections 31-57s to 31-57v, inclusive, as amended by this act. [Employers
437		-	may]
438		-	(b) Each employer shall comply with the provisions of subsection (a)
439		-	of this section by (1) displaying a poster in a conspicuous place,
440		-	accessible to [service workers] employees, at the employer's place of
441		-	business that contains the information required by this section in both
442		-	English and Spanish, [. The Labor Commissioner may adopt
443		-	regulations, in accordance with chapter 54, to establish additional
444		-	requirements concerning the means by which employers shall provide
445		-	such notice. The Labor Commissioner shall administer this section
446		-	within available appropriations.] and (2) providing written notice to
447		-	each employee not later than January 1, 2025, or at the time of hire,
448		-	whichever is later. The Labor Commissioner shall create a model of such
449		-	poster and written notice and make such models available to all
450		-	employers on the Labor Department's Internet web site. For employers
451		-	that do not maintain a physical workplace or for employees that
452		-	telework or perform work through a web-based or application-based
453		-	platform, employers shall comply with the provisions of subdivision (1)
454		-	of this subsection by sending such information via electronic
455		-	communication or by a conspicuous posting of such information on a
456		-	web-based or application-based platform.
457		-	(c) Each employer subject to the provisions of section 31-57s, as
458		-	amended by this act, shall include in the record required under section
459		-	31-13a (1) the number of hours, if any, of paid sick leave accrued by or
460		-	provided to the employee, and (2) the number of hours, if any, of paid
461		-	sick leave used by the employee during the calendar year. Each
462		-	employer shall retain such records for a period of three years and shall Substitute House Bill No. 5005
	328	+	LCO 10 of 14
463	329
464		-	Public Act No. 24-8 15 of 17
	330	+	signed by a service worker or volunteer working for a victim services 279
	331	+	organization, an attorney, a police officer or other counselor involved 280
	332	+	with the service worker shall be considered reasonable documentation.] 281
	333	+	No employer shall require an employee to provide such employer with 282
	334	+	documentation showing that such employee took paid sick leave for one 283
	335	+	of the purposes permitted under subsection (a) of this section. 284
	336	+	(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 285
	337	+	this act, shall be deemed to require any employer to provide paid sick 286
	338	+	leave for [a service worker's] an employee's leave for any purpose other 287
	339	+	than those described in this section. 288
	340	+	(d) Unless an employee policy or collective bargaining agreement 289
	341	+	provides for the payment of accrued fringe benefits upon termination, 290
	342	+	no [service worker] employee shall be entitled to payment of unused 291
	343	+	[accrued] paid sick leave under this section upon termination of 292
	344	+	employment. 293
	345	+	(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 294
	346	+	this act, shall be construed to prohibit an employer from taking 295
	347	+	disciplinary action against [a service worker] an employee who uses 296
	348	+	paid sick leave provided under sections 31-57s to 31-57w, inclusive, as 297
	349	+	amended by this act, for purposes other than those described in this 298
	350	+	section. 299
	351	+	Sec. 4. Section 31-57u of the general statutes is repealed and the 300
	352	+	following is substituted in lieu thereof (Effective January 1, 2025): 301
	353	+	(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 302
	354	+	this act, shall be construed to (1) prevent employers from providing 303
	355	+	more paid sick leave than is required under said sections, [31-57s to 31-304
	356	+	57w, inclusive,] (2) diminish any rights provided to any employee [or 305
	357	+	service worker] under a collective bargaining agreement, or (3) preempt 306
	358	+	or override the terms of any collective bargaining agreement effective 307
	359	+	prior to January 1, 2012. 308
	360	+	(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 309 Substitute Bill No. 5005
465	361
466		-	allow the Labor Commissioner, with appropriate notice and at a
467		-	mutually agreeable time, access to such record in order to monitor
468		-	compliance with the requirements of this section. Failure by an
469		-	employer to retain adequate records documenting hours worked by an
470		-	employee and paid sick leave used by such employee or to allow
471		-	reasonable access to such records shall be a violation of this subsection.
472		-	The Labor Commissioner may assess a civil penalty of not more than
473		-	one hundred dollars for such violation.
474		-	(d) The Labor Commissioner may adopt regulations, in accordance
475		-	with the provisions of chapter 54, to implement the provisions of this
476		-	section and sections 31-57s to 31-57v, inclusive, as amended by this act.
477		-	Sec. 7. (Effective from passage) (a) There is established a task force to
478		-	study the establishment of paid sick leave tax credits for employers that
479		-	employ five or less individuals in the state. The task force shall examine
480		-	the feasibility of establishing a tax credit for such employers, including
481		-	whether or how to mitigate any expenses incurred by such employers
482		-	due to the provisions of sections 31-57r to 31-57w, inclusive, of the
483		-	general statutes, as amended by this act.
484		-	(b) The task force shall consist of the following members:
485		-	(1) One appointed by the speaker of the House of Representatives;
486		-	(2) One appointed by the president pro tempore of the Senate;
487		-	(3) One appointed by the majority leader of the House of
488		-	Representatives;
489		-	(4) One appointed by the majority leader of the Senate;
490		-	(5) One appointed by the minority leader of the House of
491		-	Representatives; and
492		-	(6) One appointed by the minority leader of the Senate. Substitute House Bill No. 5005
493	362
494		-	~~Public Act No. 24-8~~ 16 of 17
	363	+	LCO 11 of 14
495	364
496		-	(c) Any member of the task force appointed under subdivision (1),
497		-	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member
498		-	of the General Assembly.
499		-	(d) All initial appointments to the task force shall be made not later
500		-	than thirty days after the effective date of this section. Any vacancy shall
501		-	be filled by the appointing authority.
502		-	(e) The speaker of the House of Representatives and the president pro
503		-	tempore of the Senate shall select the chairpersons of the task force from
504		-	among the members of the task force. Such chairpersons shall schedule
505		-	the first meeting of the task force, which shall be held not later than sixty
506		-	days after the effective date of this section.
507		-	(f) The administrative staff of the joint standing committee of the
508		-	General Assembly having cognizance of matters relating to labor and
509		-	public employees shall serve as administrative staff of the task force.
510		-	(g) Not later than January 1, 2025, the task force shall submit a report
511		-	on its findings and recommendations to the joint standing committee of
512		-	the General Assembly having cognizance of matters relating to labor
513		-	and public employees, in accordance with the provisions of section 11-
514		-	4a of the general statutes. The task force shall terminate on the date that
515		-	it submits such report or January 1, 2025, whichever is later.
516		-	Sec. 8. (Effective July 1, 2024) (a) The Labor Commissioner shall ensure
517		-	the necessary wage enforcement duties and responsibilities of the Labor
518		-	Department that are associated with the provisions of sections 31-57r to
519		-	31-57w, inclusive, of the general statutes, as amended by this act, are
520		-	performed within available appropriations for the fiscal year ending
521		-	June 30, 2025.
522		-	(b) The Secretary of the Office of Policy and Management shall not
523		-	make any reductions to expenditures pursuant to the provisions of
524		-	section 15 of public act 23-204, or make any reductions to allotment Substitute House Bill No. 5005
	365	+	this act, shall be construed to prohibit an employer (1) from establishing 310
	366	+	a policy whereby [a service worker] an employee may donate unused 311
	367	+	[accrued] paid sick leave to another [service worker] employee, and (2) 312
	368	+	who provides more paid sick leave than is required under sections 31-313
	369	+	57s to 31-57w, inclusive, as amended by this act, for the purposes 314
	370	+	described in subdivision (1) of subsection (a) of section 31-57t, as 315
	371	+	amended by this act, from limiting the amount of such leave [a service 316
	372	+	worker] an employee may use for other purposes. 317
	373	+	(c) Any termination of [a service worker's] an employee's 318
	374	+	employment by an employer, whether voluntary or involuntary, shall 319
	375	+	be construed as a break in service. Should any [service worker] 320
	376	+	employee subsequently be rehired by the employer following a break in 321
	377	+	service, the [service worker] employee (1) shall [(1)] begin to [accrue] 322
	378	+	receive sick leave in accordance with section 31-57s, as amended by this 323
	379	+	act, and (2) shall not be entitled to any unused hours of paid sick leave 324
	380	+	that had been [accrued] received prior to the [service worker's] 325
	381	+	employee's break in service unless agreed to by the employer. 326
	382	+	Sec. 5. Section 31-57v of the general statutes is repealed and the 327
	383	+	following is substituted in lieu thereof (Effective January 1, 2025): 328
	384	+	(a) No employer shall take retaliatory personnel action or 329
	385	+	discriminate against an employee because the employee (1) requests or 330
	386	+	uses paid sick leave either in accordance with sections 31-57s, as 331
	387	+	amended by this act, and 31-57t, as amended by this act, or in 332
	388	+	accordance with the employer's own paid sick leave policy, as the case 333
	389	+	may be, or (2) files a complaint with the Labor Commissioner alleging 334
	390	+	the employer's violation of sections 31-57s to 31-57w, inclusive, as 335
	391	+	amended by this act. 336
	392	+	(b) The Labor Commissioner shall advise any employee who (1) is 337
	393	+	covered by a collective bargaining agreement that provides for paid sick 338
	394	+	days, and (2) files a complaint pursuant to subsection (a) of this section 339
	395	+	of [his or her] the employee's right to pursue a grievance with [his or 340
	396	+	her] the employee's collective bargaining agent. 341 Substitute Bill No. 5005
525	397
526		-	Public Act No. 24-8 17 of 17
527	398
528		-	requisitions or allotments in force pursuant to the provisions of
529		-	subsection (a) of section 14 of public act 23-204 or section 4-85 of the
530		-	general statutes, concerning wage enforcement agents within the Labor
531		-	Department during the fiscal year ending June 30, 2025.
	399	+	LCO 12 of 14
	400	+
	401	+	(c) Any employee aggrieved by a violation of the provisions of 342
	402	+	sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 343
	403	+	complaint with the Labor Commissioner. Upon receipt of any such 344
	404	+	complaint, [said] the commissioner may hold a hearing. After the 345
	405	+	hearing, any employer who is found by the Labor Commissioner, by a 346
	406	+	preponderance of the evidence, to have violated the provisions of 347
	407	+	subsection (a) of this section shall be liable to the Labor Department for 348
	408	+	a civil penalty of five hundred dollars for each violation. Any employer 349
	409	+	who is found by the Labor Commissioner, by a preponderance of the 350
	410	+	evidence, to have violated the provisions of sections 31-57s to 31-57u, 351
	411	+	inclusive, as amended by this act, or section 31-57w, as amended by this 352
	412	+	act, shall be liable to the Labor Department for a civil penalty of up to 353
	413	+	one hundred dollars for each violation. The Labor Commissioner may 354
	414	+	award the employee all appropriate relief, including the payment for 355
	415	+	used paid sick leave, rehiring or reinstatement to the employee's 356
	416	+	previous job, payment of back wages and reestablishment of employee 357
	417	+	benefits to which the employee otherwise would have been eligible if 358
	418	+	the employee had not been subject to such retaliatory personnel action 359
	419	+	or discriminated against. Any party aggrieved by the decision of the 360
	420	+	commissioner may appeal the decision to the Superior Court in 361
	421	+	accordance with the provisions of chapter 54. 362
	422	+	(d) The Labor Commissioner shall administer this section within 363
	423	+	available appropriations. 364
	424	+	Sec. 6. Section 31-57w of the general statutes is repealed and the 365
	425	+	following is substituted in lieu thereof (Effective January 1, 2025): 366
	426	+	(a) Each employer subject to the provisions of section 31-57s, as 367
	427	+	amended by this act, shall, at the time of hiring, provide notice to each 368
	428	+	[service worker] employee (1) of (A) the entitlement to paid sick leave 369
	429	+	for [service workers,] employees, (B) the amount of paid sick leave 370
	430	+	provided to [service workers] employees, and (C) the terms under 371
	431	+	which paid sick leave may be used, (2) that retaliation by the employer 372
	432	+	against the [service worker] employee for requesting or using paid sick 373
	433	+	leave for which the [service worker] employee is eligible is prohibited, 374 Substitute Bill No. 5005
	434	+
	435	+
	436	+	LCO 13 of 14
	437	+
	438	+	and (3) that the [service worker] employee has a right to file a complaint 375
	439	+	with the Labor Commissioner for any violation of this section and of 376
	440	+	sections 31-57s to 31-57v, inclusive, as amended by this act. [Employers 377
	441	+	may] 378
	442	+	(b) Each employer shall comply with the provisions of subsection (a) 379
	443	+	of this section by (1) displaying a poster in a conspicuous place, 380
	444	+	accessible to [service workers] employees, at the employer's place of 381
	445	+	business that contains the information required by this section in both 382
	446	+	English and Spanish, [. The Labor Commissioner may adopt 383
	447	+	regulations, in accordance with chapter 54, to establish additional 384
	448	+	requirements concerning the means by which employers shall provide 385
	449	+	such notice. The Labor Commissioner shall administer this section 386
	450	+	within available appropriations] and (2) providing written notice to 387
	451	+	each employee not later than January 1, 2025, or at the time of hire, 388
	452	+	whichever is later. For employers that do not maintain a physical 389
	453	+	workplace or for employees that telework or perform work through a 390
	454	+	web-based or application-based platform, employers shall comply with 391
	455	+	the provisions of subdivision (1) of this subsection by sending such 392
	456	+	information via electronic communication or by a conspicuous posting 393
	457	+	of such information on a web-based or application-based platform. 394
	458	+	(c) Each employer subject to the provisions of section 31-57s, as 395
	459	+	amended by this act, shall include in the record required under section 396
	460	+	31-13a (1) the number of hours, if any, of paid sick leave used by the 397
	461	+	employee during the calendar year, and (2) the number of employees, if 398
	462	+	any, the employer provides a one-time payment to in lieu of paid sick 399
	463	+	days during the calendar year. Each employer shall retain such records 400
	464	+	for a period of three years and shall allow the Labor Commissioner, with 401
	465	+	appropriate notice and at a mutually agreeable time, access to such 402
	466	+	record in order to monitor compliance with the requirements of this 403
	467	+	section. Failure by an employer to retain adequate records documenting 404
	468	+	hours worked by an employee and paid sick leave used by such 405
	469	+	employee or to allow reasonable access to such records shall be a 406
	470	+	violation of this subsection. 407 Substitute Bill No. 5005
	471	+
	472	+
	473	+	LCO 14 of 14
	474	+
	475	+	(d) The Labor Commissioner may adopt regulations, in accordance 408
	476	+	with the provisions of chapter 54, to implement the provisions of this 409
	477	+	section and sections 31-57s to 31-57v, inclusive, as amended by this act. 410
	478	+	This act shall take effect as follows and shall amend the following
	479	+	sections:
	480	+
	481	+	Section 1 January 1, 2025 31-57r
	482	+	Sec. 2 January 1, 2025 31-57s
	483	+	Sec. 3 January 1, 2025 31-57t
	484	+	Sec. 4 January 1, 2025 31-57u
	485	+	Sec. 5 January 1, 2025 31-57v
	486	+	Sec. 6 January 1, 2025 31-57w
	487	+
	488	+	Statement of Legislative Commissioners:
	489	+	The title was changed.
	490	+
	491	+	LAB Joint Favorable Subst.
532	492