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Connecticut House Bill HB05166

Connecticut 2024 Regular Session

Connecticut House Bill HB05166 Compare Versions

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55 General Assembly Raised Bill No. 5166
66 February Session, 2024
77 LCO No. 1125
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1010 Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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1313 Introduced by:
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1919 AN ACT EXPANDING PAID SICK DAYS IN THE STATE.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. Section 31-57r of the 2024 supplement to the general 1
2424 statutes is repealed and the following is substituted in lieu thereof 2
2525 (Effective January 1, 2025): 3
2626 As used in this section and sections 31-57s to 31-57w, inclusive, as 4
2727 amended by this act: 5
2828 (1) "Child" means (A) a biological, adopted or foster child, stepchild 6
2929 [,] or legal ward of [a service worker, or] an employee, (B) a child of [a 7
3030 service worker] an employee standing in loco parentis, [who is (A) 8
3131 under eighteen years of age; or (B) eighteen years of age or older and 9
3232 incapable of self-care because of a mental or physical disability] or (C) 10
3333 an individual to whom the employee stood in loco parentis when the 11
3434 individual was a child; 12
3535 [(2) "Day or temporary worker" means an individual who performs 13
3636 work for another on (A) a per diem basis, or (B) an occasional or 14
3737 irregular basis for only the time required to complete such work, 15 Raised Bill No. 5166
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4343 whether such individual is paid by the person for whom such work is 16
4444 performed or by an employment agency or temporary help service, as 17
4545 defined in section 31-129;] 18
4646 [(3)] (2) "Employee" means an individual engaged in service to an 19
4747 employer in the business of the employer. "Employee" does not include 20
4848 an individual who is a member of a construction-related trade person 21
4949 employee organization that is a party to a multiemployer health plan in 22
5050 which more than one employer is required to contribute to such plan 23
5151 and such plan is maintained pursuant to one or more collective 24
5252 bargaining agreements between a construction-related trade person 25
5353 employee organization or organizations and employers; 26
5454 [(4)] (3) "Employer" means any person, firm, business, educational 27
5555 institution, nonprofit agency, corporation, limited liability company or 28
5656 other entity that (A) on and after January 1, 2025, employs [fifty or more 29
5757 individuals in the state] twenty-five or more individuals in the state, (B) 30
5858 on and after January 1, 2026, employs eleven or more individuals in the 31
5959 state, and (C) on and after January 1, 2027, employs one or more 32
6060 individuals in the state, which shall be determined based on such 33
6161 person's, firm's, business', educational institution's, nonprofit agency's, 34
6262 corporation's, limited liability company's or other entity's payroll for the 35
6363 week containing October first, annually. "Employer" does not include: 36
6464 [(A) Any business establishment classified in sector 31, 32 or 33 in the 37
6565 North American Industrial Classification System, or (B) any nationally 38
6666 chartered organization exempt from taxation under Section 501(c)(3) of 39
6767 the Internal Revenue Code of 1986, or any subsequent corresponding 40
6868 internal revenue code of the United States, as from time to time 41
6969 amended, that provides all of the following services: Recreation, child 42
7070 care and education;] (i) An employer that participates in a 43
7171 multiemployer health plan in which more than one employer is required 44
7272 to contribute to such plan and such plan is maintained pursuant to one 45
7373 or more collective bargaining agreements between a construction-46
7474 related trade person employee organization or organizations and 47
7575 employers, or (ii) a self-employed individual; 48 Raised Bill No. 5166
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8181 (4) "Family member" means a spouse, sibling, child, grandparent, 49
8282 grandchild or parent of an employee. "Family member" does not include 50
8383 an aunt, uncle, niece, nephew or cousin; 51
8484 (5) "Family violence" has the same meaning as provided in section 52
8585 46b-38a; 53
8686 (6) "Grandchild" means a grandchild related to a person by blood, 54
8787 marriage, adoption by a child of the grandparent or foster care by a child 55
8888 of the grandparent; 56
8989 (7) "Parent" means (A) a biological, foster or adoptive parent, 57
9090 stepparent, parent-in-law or legal guardian of an employee or an 58
9191 employee's spouse, (B) an individual standing in loco parentis to an 59
9292 employee, or (C) an individual who stood in loco parentis to the 60
9393 employee when the employee was a child; 61
9494 [(6)] (8) "Mental health wellness day" means a day during which [a 62
9595 service worker] an employee attends to such [service worker's] 63
9696 employee's emotional and psychological well-being in lieu of attending 64
9797 a regularly scheduled shift; 65
9898 (9) "Paid sick leave" means paid time that is provided by an employer 66
9999 to an employee for the purposes described in section 31-57t, as amended 67
100100 by this act; 68
101101 [(7)] (10) "Retaliatory personnel action" means any termination, 69
102102 suspension, constructive discharge, demotion, unfavorable 70
103103 reassignment, refusal to promote, disciplinary action or other adverse 71
104104 employment action taken by an employer against an employee; [or a 72
105105 service worker;] 73
106106 [(8) "Service worker" means an employee primarily engaged in an 74
107107 occupation with one of the following broad or detailed occupation code 75
108108 numbers and titles, as defined by the federal Bureau of Labor Statistics 76
109109 Standard Occupational Classification system or any successor system: 77
110110 (A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 78 Raised Bill No. 5166
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116116 Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 79
117117 Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 80
118118 21-1099 Community and Social Service Specialists, All Other; (G) 25-81
119119 4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 82
120120 Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-83
121121 1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 84
122122 Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 85
123123 Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 86
124124 Practitioner Support Technologists and Technicians; (R) 29-2060 87
125125 Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 88
126126 Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 89
127127 31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 90
128128 Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 91
129129 Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 92
130130 Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 93
131131 (CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 94
132132 (EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 95
133133 Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 96
134134 and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 97
135135 and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 98
136136 Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-99
137137 2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 100
138138 (LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 101
139139 Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 102
140140 Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 103
141141 Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 104
142142 (QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 105
143143 of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 106
144144 Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 107
145145 (WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 108
146146 Receptionists and Information Clerks; (YY) 43-5020 Couriers and 109
147147 Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 110
148148 (AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 111
149149 Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 112
150150 (DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 113 Raised Bill No. 5166
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156156 43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 114
157157 (FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 115
158158 Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 116
159159 Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 117
160160 Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 118
161161 (LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 119
162162 Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 120
163163 (NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 121
164164 Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 122
165165 Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 123
166166 and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 124
167167 wage and overtime compensation requirements of the Fair Labor 125
168168 Standards Act of 1938 and the regulations promulgated thereunder, as 126
169169 amended from time to time. "Service worker" does not include day or 127
170170 temporary workers;] 128
171171 [(9)] (11) "Sexual assault" means any act that constitutes a violation of 129
172172 section 53a-70b of the general statutes, revision of 1958, revised to 130
173173 January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 131
174174 53a-73a; 132
175175 (12) "Sibling" means a brother or sister related to an employee by (A) 133
176176 blood, marriage or adoption by a parent of the employee, or (B) by foster 134
177177 care placement; 135
178178 [(10)] (13) "Spouse" means a [husband or wife, as the case may be] 136
179179 person who is (A) legally married to an employee under the laws of any 137
180180 state, or (B) a domestic partner of an employee registered under the laws 138
181181 of any state or political subdivision; and 139
182182 [(11)] (14) "Year" means [any] a three-hundred-sixty-five-day period 140
183183 used by an employer to calculate employee benefits that begins on 141
184184 January first and ends on December thirty-first. 142
185185 Sec. 2. Section 31-57s of the general statutes is repealed and the 143
186186 following is substituted in lieu thereof (Effective January 1, 2025): 144 Raised Bill No. 5166
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192192 (a) Each employer shall provide forty hours of paid sick leave 145
193193 annually to each of such employer's [service workers] employees in the 146
194194 state. Such paid sick leave shall [accrue (1) beginning January 1, 2012, or 147
195195 for a service worker hired after said date, beginning on the service 148
196196 worker's date of employment, (2) at a rate of one hour of paid sick leave 149
197197 for each forty hours worked by a service worker, and (3) in one-hour 150
198198 increments up to a maximum of forty hours per year. Each service 151
199199 worker shall be entitled to carry over up to forty unused accrued hours 152
200200 of paid sick leave from the current year to the following year, but no 153
201201 service worker shall be entitled to use more than the maximum number 154
202202 of accrued hours, as described in subdivision (3) of this subsection, in 155
203203 any year] be provided as follows: (1) For employees who have been 156
204204 employed by such employer for one hundred eighty days prior to 157
205205 January 1, 2025, such employer shall provide such employees with the 158
206206 amount of sick leave required pursuant to this section on January 1, 159
207207 2025, (2) for employees who have not been employed by such employer 160
208208 for one hundred eighty days prior to January 1, 2025, an employer shall 161
209209 provide such employees with the amount of sick leave required 162
210210 pursuant to this section upon such employees' one hundred eightieth 163
211211 day of employment with such employer from such employee's date of 164
212212 hire, and (3) for employees hired on or after January 1, 2025, such 165
213213 employer shall provide such employees with the amount of sick leave 166
214214 required pursuant to this section upon such employee's one hundred 167
215215 eightieth day of employment with such employer from such employee's 168
216216 date of hire. 169
217217 (b) [A service worker] An employee shall be entitled to the use of 170
218218 [accrued] received paid sick leave [upon the completion of the service 171
219219 worker's six-hundred-eightieth hour of employment from January 1, 172
220220 2012, if the service worker was hired prior to January 1, 2012, or if hired 173
221221 after January 1, 2012, upon the completion of the service worker's six-174
222222 hundred-eightieth hour of employment from the date of hire, unless the 175
223223 employer agrees to an earlier date. A service worker shall not be entitled 176
224224 to the use of accrued paid sick leave if such service worker did not work 177
225225 an average of ten or more hours per week for the employer in the most 178 Raised Bill No. 5166
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231231 recent complete quarter] immediately. 179
232232 (c) An employer shall be deemed to be in compliance with this section 180
233233 if the employer (1) offers any other paid leave, or combination of other 181
234234 paid leave that [(1)] (A) may be used for the purposes of and under the 182
235235 same conditions provided in section 31-57t, as amended by this act, and 183
236236 [(2)] (B) is [accrued] received in total at a rate equal to or greater than 184
237237 the rate described in subsections (a) and (b) of this section, or (2) 185
238238 provides a one-time payment to each employee equal to forty hours of 186
239239 work at a pay rate equal to the greater of either (A) the normal hourly 187
240240 wage for that employee, or (B) the minimum fair wage rate under 188
241241 section 31-58 in effect at the time of such payment. For the purposes of 189
242242 this subsection, "other paid leave" may include, but need not be limited 190
243243 to, paid vacation, personal days or paid time off. 191
244244 (d) Each employer shall pay each [service worker] employee for paid 192
245245 sick leave at a pay rate equal to [the greater of either] (1) the normal 193
246246 hourly wage for that [service worker] employee, or (2) the minimum fair 194
247247 wage rate under section 31-58 in effect for the pay period during which 195
248248 the employee [used] uses paid sick leave, whichever is greater. For any 196
249249 [service worker] employee whose hourly wage varies depending on the 197
250250 work performed by [the service worker] such employee, "normal hourly 198
251251 wage" means the average hourly wage of the [service worker] employee 199
252252 in the pay period prior to the one in which the [service worker used] 200
253253 employee uses paid sick leave. 201
254254 (e) Notwithstanding the provisions of this section and sections 31-57t 202
255255 to 31-57w, inclusive, as amended by this act, and upon the mutual 203
256256 consent of the [service worker] employee and employer, [a service 204
257257 worker] an employee who chooses to work additional hours or shifts 205
258258 during the same or following pay period, in lieu of hours or shifts 206
259259 missed, shall not use [accrued] paid sick leave. 207
260260 (f) (1) If an employee is transferred by an employer to another 208
261261 division, entity or worksite but remains employed by such employer, 209
262262 such employee shall retain and may use all paid sick leave received by 210 Raised Bill No. 5166
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268268 the employee while working at such prior division, entity or worksite. 211
269269 (2) If another employer succeeds or takes the place of an existing 212
270270 employer, each employee of the original employer who remains 213
271271 employed by such other successor employer shall retain and may use 214
272272 all paid sick leave received while employed by the original employer. 215
273273 (g) No employer shall require an employee who will use or is using 216
274274 paid sick leave to search for or find another employee to serve as a 217
275275 replacement for such employee to work the hours that such employee is 218
276276 or was scheduled to work. 219
277277 [(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 220
278278 any employee, or (3) transfer any employee from one worksite to 221
279279 another solely in order to not qualify as an employer, as defined in 222
280280 section 31-57r, as amended by this act. 223
281281 Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is 224
282282 repealed and the following is substituted in lieu thereof (Effective January 225
283283 1, 2025): 226
284284 (a) An employer shall permit [a service worker] an employee to use 227
285285 the paid sick leave [accrued] received pursuant to section 31-57s, as 228
286286 amended by this act: 229
287287 (1) For (A) [a service worker's] an employee's illness, injury or health 230
288288 condition, (B) the medical diagnosis, care or treatment of [a service 231
289289 worker's] an employee's mental [illness] or physical illness, injury or 232
290290 health condition, (C) preventative medical care for [a service worker] an 233
291291 employee's mental or physical health, or (D) a mental health wellness 234
292292 day; 235
293293 (2) For (A) [a service worker's child's or spouse's] illness, injury or 236
294294 health condition of an employee's family member, (B) the medical 237
295295 diagnosis, care or treatment of [a service worker's child's or spouse's] 238
296296 mental or physical illness, injury or health condition of an employee's 239
297297 family member, or (C) preventative medical care for [a child or spouse 240 Raised Bill No. 5166
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303303 of a service worker; and] an employee's family member for such family 241
304304 member's mental or physical health; 242
305305 (3) For closure, by order of a public official due to a public health 243
306306 emergency, of either (A) an employer's place of business, or (B) a family 244
307307 member's school or place of care; 245
308308 (4) For a determination by a health authority having jurisdiction, an 246
309309 employer of the employee, an employer of a family member or a health 247
310310 care provider, that such employee or family member poses a risk to the 248
311311 health of others due to such employee's or family member's exposure to 249
312312 a communicable illness, whether or not the employee or family member 250
313313 contracted the communicable illness; and 251
314314 [(3)] (5) Where [a service worker] an employee or an employee's 252
315315 family member is [(A)] a victim of family violence or sexual assault, [or 253
316316 (B) the parent or guardian of a child who is a victim of family violence 254
317317 or sexual assault,] provided such [service worker] employee is not the 255
318318 perpetrator or alleged perpetrator of such family violence or sexual 256
319319 assault, for [(i)] (A) medical care or psychological or other counseling 257
320320 for physical or psychological injury or disability, [(ii)] (B) obtaining 258
321321 services from a victim services organization, [(iii)] (C) relocating due to 259
322322 such family violence or sexual assault, or [(iv)] (D) participating in any 260
323323 civil or criminal proceedings related to or resulting from such family 261
324324 violence or sexual assault. 262
325325 (b) If [a service worker's] an employee's need to use paid sick leave is 263
326326 foreseeable, an employer may require advance notice, not to exceed 264
327327 seven days prior to the date such leave is to begin, of the intention to use 265
328328 such leave. If [a service worker's] an employee's need for such leave is 266
329329 not foreseeable, an employer may require [a service worker] an 267
330330 employee to give notice of such intention as soon as practicable. [For 268
331331 paid sick leave of three or more consecutive days, an employer may 269
332332 require reasonable documentation that such leave is being taken for one 270
333333 of the purposes permitted under subsection (a) of this section. If such 271
334334 leave is permitted under subdivision (1) or (2) of subsection (a) of this 272 Raised Bill No. 5166
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340340 section, documentation signed by a health care provider who is treating 273
341341 the service worker or the service worker's child or spouse indicating the 274
342342 need for the number of days of such leave shall be considered 275
343343 reasonable documentation. If such leave is permitted under subdivision 276
344344 (3) of subsection (a) of this section, a court record or documentation 277
345345 signed by a service worker or volunteer working for a victim services 278
346346 organization, an attorney, a police officer or other counselor involved 279
347347 with the service worker shall be considered reasonable documentation.] 280
348348 No employer shall require an employee to provide such employer with 281
349349 documentation showing that such employee took paid sick leave for one 282
350350 of the purposes permitted under subsection (a) of this section. 283
351351 (c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 284
352352 this act, shall be deemed to require any employer to provide paid sick 285
353353 leave for [a service worker's] an employee's leave for any purpose other 286
354354 than those described in this section. 287
355355 (d) Unless an employee policy or collective bargaining agreement 288
356356 provides for the payment of accrued fringe benefits upon termination, 289
357357 no [service worker] employee shall be entitled to payment of unused 290
358358 [accrued] paid sick leave under this section upon termination of 291
359359 employment. 292
360360 (e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 293
361361 this act, shall be construed to prohibit an employer from taking 294
362362 disciplinary action against [a service worker] an employee who uses 295
363363 paid sick leave provided under sections 31-57s to 31-57w, inclusive, as 296
364364 amended by this act, for purposes other than those described in this 297
365365 section. 298
366366 Sec. 4. Section 31-57u of the general statutes is repealed and the 299
367367 following is substituted in lieu thereof (Effective January 1, 2025): 300
368368 (a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 301
369369 this act, shall be construed to (1) prevent employers from providing 302
370370 more paid sick leave than is required under said sections, [31-57s to 31-303
371371 57w, inclusive,] (2) diminish any rights provided to any employee [or 304 Raised Bill No. 5166
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377377 service worker] under a collective bargaining agreement, or (3) preempt 305
378378 or override the terms of any collective bargaining agreement effective 306
379379 prior to January 1, 2012. 307
380380 (b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 308
381381 this act, shall be construed to prohibit an employer (1) from establishing 309
382382 a policy whereby [a service worker] an employee may donate unused 310
383383 [accrued] paid sick leave to another [service worker] employee, and (2) 311
384384 who provides more paid sick leave than is required under sections 31-312
385385 57s to 31-57w, inclusive, as amended by this act, for the purposes 313
386386 described in subdivision (1) of subsection (a) of section 31-57t, as 314
387387 amended by this act, from limiting the amount of such leave [a service 315
388388 worker] an employee may use for other purposes. 316
389389 (c) Any termination of [a service worker's] an employee's 317
390390 employment by an employer, whether voluntary or involuntary, shall 318
391391 be construed as a break in service. Should any [service worker] 319
392392 employee subsequently be rehired by the employer following a break in 320
393393 service, the [service worker] employee (1) shall [(1)] begin to [accrue] 321
394394 receive sick leave in accordance with section 31-57s, as amended by this 322
395395 act, and (2) shall not be entitled to any unused hours of paid sick leave 323
396396 that had been [accrued] received prior to the [service worker's] 324
397397 employee's break in service unless agreed to by the employer. 325
398398 Sec. 5. Section 31-57v of the general statutes is repealed and the 326
399399 following is substituted in lieu thereof (Effective January 1, 2025): 327
400400 (a) No employer shall take retaliatory personnel action or 328
401401 discriminate against an employee because the employee (1) requests or 329
402402 uses paid sick leave either in accordance with sections 31-57s, as 330
403403 amended by this act, and 31-57t, as amended by this act, or in 331
404404 accordance with the employer's own paid sick leave policy, as the case 332
405405 may be, or (2) files a complaint with the Labor Commissioner alleging 333
406406 the employer's violation of sections 31-57s to 31-57w, inclusive, as 334
407407 amended by this act. 335
408408 (b) The Labor Commissioner shall advise any employee who (1) is 336 Raised Bill No. 5166
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414414 covered by a collective bargaining agreement that provides for paid sick 337
415415 days, and (2) files a complaint pursuant to subsection (a) of this section 338
416416 of [his or her] the employee's right to pursue a grievance with [his or 339
417417 her] the employee's collective bargaining agent. 340
418418 (c) Any employee aggrieved by a violation of the provisions of 341
419419 sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 342
420420 complaint with the Labor Commissioner. Upon receipt of any such 343
421421 complaint, [said] the commissioner may hold a hearing. After the 344
422422 hearing, any employer who is found by the Labor Commissioner, by a 345
423423 preponderance of the evidence, to have violated the provisions of 346
424424 subsection (a) of this section shall be liable to the Labor Department for 347
425425 a civil penalty of five hundred dollars for each violation. Any employer 348
426426 who is found by the Labor Commissioner, by a preponderance of the 349
427427 evidence, to have violated the provisions of sections 31-57s to 31-57u, 350
428428 inclusive, as amended by this act, or section 31-57w, as amended by this 351
429429 act, shall be liable to the Labor Department for a civil penalty of up to 352
430430 one hundred dollars for each violation. The Labor Commissioner may 353
431431 award the employee all appropriate relief, including the payment for 354
432432 used paid sick leave, rehiring or reinstatement to the employee's 355
433433 previous job, payment of back wages and reestablishment of employee 356
434434 benefits to which the employee otherwise would have been eligible if 357
435435 the employee had not been subject to such retaliatory personnel action 358
436436 or discriminated against. Any party aggrieved by the decision of the 359
437437 commissioner may appeal the decision to the Superior Court in 360
438438 accordance with the provisions of chapter 54. 361
439439 (d) The Labor Commissioner shall administer this section within 362
440440 available appropriations. 363
441441 Sec. 6. Section 31-57w of the general statutes is repealed and the 364
442442 following is substituted in lieu thereof (Effective January 1, 2025): 365
443443 (a) Each employer subject to the provisions of section 31-57s, as 366
444444 amended by this act, shall, at the time of hiring, provide notice to each 367
445445 [service worker] employee (1) of (A) the entitlement to paid sick leave 368 Raised Bill No. 5166
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451451 for [service workers,] employees, (B) the amount of paid sick leave 369
452452 provided to [service workers] employees, and (C) the terms under 370
453453 which paid sick leave may be used, (2) that retaliation by the employer 371
454454 against the [service worker] employee for requesting or using paid sick 372
455455 leave for which the [service worker] employee is eligible is prohibited, 373
456456 and (3) that the [service worker] employee has a right to file a complaint 374
457457 with the Labor Commissioner for any violation of this section and of 375
458458 sections 31-57s to 31-57v, inclusive, as amended by this act. [Employers 376
459459 may] 377
460460 (b) Each employer shall comply with the provisions of subsection (a) 378
461461 of this section by (1) displaying a poster in a conspicuous place, 379
462462 accessible to [service workers] employees, at the employer's place of 380
463463 business that contains the information required by this section in both 381
464464 English and Spanish, [. The Labor Commissioner may adopt 382
465465 regulations, in accordance with chapter 54, to establish additional 383
466466 requirements concerning the means by which employers shall provide 384
467467 such notice. The Labor Commissioner shall administer this section 385
468468 within available appropriations.] and (2) providing written notice to 386
469469 each employee not later than January 1, 2025, or at the time of hire, 387
470470 whichever is later. For employers that do not maintain a physical 388
471471 workplace or for employees that telework or perform work through a 389
472472 web-based or application-based platform, employers shall comply with 390
473473 the provisions of subdivision (1) of this subsection by sending such 391
474474 information via electronic communication or by a conspicuous posting 392
475475 of such information on a web-based or application-based platform. 393
476476 (c) Each employer subject to the provisions of section 31-57s, as 394
477477 amended by this act, shall include in the record required under section 395
478478 31-13a (1) the number of hours, if any, of paid sick leave used by the 396
479479 employee during the calendar year, and (2) the number of employees, if 397
480480 any, the employer provides a one-time payment to in lieu of paid sick 398
481481 days during the calendar year. Each employer shall retain such records 399
482482 for a period of three years and shall allow the Labor Commissioner, with 400
483483 appropriate notice and at a mutually agreeable time, access to such 401
484484 record in order to monitor compliance with the requirements of this 402 Raised Bill No. 5166
485485
486486
487487
488488 LCO No. 1125 14 of 14
489489
490490 section. Failure by an employer to retain adequate records documenting 403
491491 hours worked by an employee and paid sick leave used by such 404
492492 employee or to allow reasonable access to such records shall be a 405
493493 violation of this subsection 406
494494 (d) The Labor Commissioner may adopt regulations, in accordance 407
495495 with the provisions of chapter 54, to implement the provisions of this 408
496496 section and sections 31-57s to 31-57v, inclusive, as amended by this act. 409
497497 This act shall take effect as follows and shall amend the following
498498 sections:
499499
500500 Section 1 January 1, 2025 31-57r
501501 Sec. 2 January 1, 2025 31-57s
502502 Sec. 3 January 1, 2025 31-57t
503503 Sec. 4 January 1, 2025 31-57u
504504 Sec. 5 January 1, 2025 31-57v
505505 Sec. 6 January 1, 2025 31-57w
506506
507507 Statement of Purpose:
508508 To expand the paid sick days statutes to (1) apply to more employers
509509 and employees, (2) expand the categories of family members an
510510 employee may use paid sick leave to care for, (3) expand the permitted
511511 purposes that an employee may use paid sick leave for, (4) modify the
512512 rate at which an employee may receive paid sick leave, and (5) make
513513 other conforming and clarifying changes.
514514 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
515515 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
516516 underlined.]
517517