LCO No. 644 1 of 14 General Assembly Governor's Bill No. 12 February Session, 2024 LCO No. 644 Referred to Committee on LABOR AND PUBLIC EMPLOYEES Introduced by: Request of the Governor Pursuant to Joint Rule 9 AN ACT MODERNIZING THE PAID SICK DAYS STATUTES. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Section 31-57r of the 2024 supplement to the general 1 statutes is repealed and the following is substituted in lieu thereof 2 (Effective October 1, 2024): 3 As used in this section and sections 31-57s to 31-57w, inclusive, as 4 amended by this act: 5 (1) "Child" means (A) a biological, adopted or foster child, stepchild, 6 legal ward of [a service worker, or] an employee, (B) a child of [a service 7 worker] an employee standing in loco parentis, [who is (A) under 8 eighteen years of age; or (B) eighteen years of age or older and incapable 9 of self-care because of a mental or physical disability] or (C) an 10 individual to whom the employee stood in loco parentis when the 11 individual was a child; 12 [(2) "Day or temporary worker" means an individual who performs 13 work for another on (A) a per diem basis, or (B) an occasional or 14 Governor's Bill No. 12 LCO No. 644 2 of 14 irregular basis for only the time required to complete such work, 15 whether such individual is paid by the person for whom such work is 16 performed or by an employment agency or temporary help service, as 17 defined in section 31-129;] 18 [(3)] (2) "Employee" means an individual engaged in service to an 19 employer in the business of the employer. "Employee" does not include 20 an individual who is a member of a construction-related trade person 21 employee organization that is a party to a multiemployer health plan in 22 which more than one employer is required to contribute to such plan 23 and such plan is maintained pursuant to one or more collective 24 bargaining agreements between a construction-related trade person 25 employee organization or organizations and employers; 26 [(4)] (3) "Employer" means any person, firm, business, educational 27 institution, nonprofit agency, corporation, limited liability company or 28 other entity that employs [fifty or more individuals in the state, which 29 shall be determined based on such person's, firm's, business', 30 educational institution's, nonprofit agency's, corporation's, limited 31 liability company's or other entity's payroll for the week containing 32 October first, annually. "Employer" does not include: (A) Any business 33 establishment classified in sector 31, 32 or 33 in the North American 34 Industrial Classification System, or (B) any nationally chartered 35 organization exempt from taxation under Section 501(c)(3) of the 36 Internal Revenue Code of 1986, or any subsequent corresponding 37 internal revenue code of the United States, as from time to time 38 amended, that provides all of the following services: Recreation, child 39 care and education;] individuals in the state. "Employer" does not 40 include an employer that participates in a multiemployer health plan in 41 which more than one employer is required to contribute to such plan 42 and such plan is maintained pursuant to one or more collective 43 bargaining agreements between a construction-related trade person 44 employee organization or organizations and employers; 45 (4) "Family member" means a spouse, sibling, child, grandparent, 46 grandchild or parent of an employee. "Family member" does not include 47 Governor's Bill No. 12 LCO No. 644 3 of 14 an aunt, uncle, niece, nephew or cousin; 48 (5) "Family violence" has the same meaning as provided in section 49 46b-38a; 50 (6) "Grandchild" means a grandchild related to a person by blood, 51 marriage, adoption by a child of the grandparent or foster care by a child 52 of the grandparent; 53 (7) "Parent" means (A) a biological, foster or adoptive parent, 54 stepparent, parent-in-law, legal guardian of an employee or an 55 employee's spouse, (B) an individual standing in loco parentis to an 56 employee, or (C) an individual who stood in loco parentis to the 57 employee when the employee was a child; 58 (8) "Paid sick leave" means paid time that is provided by an employer 59 to an employee for the purposes described in section 31-57t, as amended 60 by this act; 61 [(6)] (9) "Mental health wellness day" means a day during which a 62 service worker attends to such service worker's emotional and 63 psychological well-being in lieu of attending a regularly scheduled shift; 64 [(7)] (10) "Retaliatory personnel action" means any termination, 65 suspension, constructive discharge, demotion, unfavorable 66 reassignment, refusal to promote, disciplinary action or other adverse 67 employment action taken by an employer against an employee; [or a 68 service worker;] 69 [(8) "Service worker" means an employee primarily engaged in an 70 occupation with one of the following broad or detailed occupation code 71 numbers and titles, as defined by the federal Bureau of Labor Statistics 72 Standard Occupational Classification system or any successor system: 73 (A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 74 Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 75 Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 76 21-1099 Community and Social Service Specialists, All Other; (G) 25-77 Governor's Bill No. 12 LCO No. 644 4 of 14 4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 78 Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-79 1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 80 Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 81 Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 82 Practitioner Support Technologists and Technicians; (R) 29-2060 83 Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 84 Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 85 31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 86 Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 87 Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 88 Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 89 (CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 90 (EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 91 Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 92 and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 93 and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 94 Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-95 2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 96 (LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 97 Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 98 Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 99 Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 100 (QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 101 of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 102 Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 103 (WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 104 Receptionists and Information Clerks; (YY) 43-5020 Couriers and 105 Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 106 (AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 107 Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 108 (DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 109 43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 110 (FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 111 Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 112 Governor's Bill No. 12 LCO No. 644 5 of 14 Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 113 Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 114 (LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 115 Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 116 (NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 117 Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 118 Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 119 and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 120 wage and overtime compensation requirements of the Fair Labor 121 Standards Act of 1938 and the regulations promulgated thereunder, as 122 amended from time to time. "Service worker" does not include day or 123 temporary workers;] 124 [(9)] (11) "Sexual assault" means any act that constitutes a violation of 125 section 53a-70b of the general statutes, revision of 1958, revised to 126 January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 127 53a-73a; 128 (12) "Sibling" means a brother or sister related to an employee by 129 blood, marriage or adoption by a parent of the employee or by foster 130 care placement; 131 [(10)] (13) "Spouse" means a [husband or wife, as the case may be] 132 person who is (A) legally married to an employee under the laws of any 133 state, or (B) a domestic partner of an employee registered under the laws 134 of any state or political subdivision; and 135 [(11)] (14) "Year" means any three-hundred-sixty-five-day period 136 used by an employer to calculate employee benefits. 137 Sec. 2. Section 31-57s of the general statutes is repealed and the 138 following is substituted in lieu thereof (Effective October 1, 2024): 139 (a) Each employer shall provide paid sick leave annually to each of 140 such employer's [service workers] employees in the state. Such paid sick 141 leave shall accrue (1) beginning [January 1, 2012] October 1, 2024, or for 142 [a service worker] an employee hired after said date, beginning on the 143 Governor's Bill No. 12 LCO No. 644 6 of 14 [service worker's] employee's first date of employment, (2) at a rate of 144 one hour of paid sick leave for each [forty] thirty hours worked by [a 145 service worker] an employee, and (3) in one-hour increments up to a 146 maximum of forty hours per year. [Each service worker] An employer 147 may provide its employees with a greater amount of paid sick leave or 148 provide paid sick leave at a faster rate than required by this subsection. 149 Each employee shall be entitled to carry over up to forty unused accrued 150 hours of paid sick leave from the current year to the following year, but 151 no [service worker] employee shall be entitled to use more than the 152 maximum number of accrued hours, as described in subdivision (3) of 153 this subsection, in any year. In lieu of any carry-over of unused paid sick 154 leave from the current year to the following year, an employer may 155 provide an employee with an amount of paid sick leave that meets or 156 exceeds the requirements of this subsection and is available for the 157 employee's immediate use at the beginning of the following year. 158 (b) [A service worker] An employee shall be entitled to the use of any 159 accrued paid sick leave [upon the completion of the service worker's six-160 hundred-eightieth hour of employment from January 1, 2012, if the 161 service worker was hired prior to January 1, 2012, or if hired after 162 January 1, 2012, upon the completion of the service worker's six-163 hundred-eightieth hour of employment from the date of hire, unless the 164 employer agrees to an earlier date. A service worker shall not be entitled 165 to the use of accrued paid sick leave if such service worker did not work 166 an average of ten or more hours per week for the employer in the most 167 recent complete quarter] on and after the one hundredth day of such 168 employee's employment. 169 (c) An employer shall be deemed to be in compliance with this section 170 if the employer offers any other paid leave, or combination of other paid 171 leave that (1) may be used for the purposes of, and under the same 172 conditions as provided in, section 31-57t, as amended by this act, and (2) 173 is accrued in total at a rate equal to or greater than the rate described in 174 [subsections] subsection (a) [and (b)] of this section. For the purposes of 175 this subsection, "other paid leave" may include, but need not be limited 176 to, paid vacation, personal days or paid time off. 177 Governor's Bill No. 12 LCO No. 644 7 of 14 (d) Each employer shall pay each [service worker] employee for paid 178 sick leave at a pay rate equal to [the greater of either] (1) the normal 179 hourly wage for that [service worker] employee, or (2) the minimum fair 180 wage rate under section 31-58 in effect for the pay period during which 181 the employee [used] uses paid sick leave, whichever is greater. For any 182 [service worker] employee whose hourly wage varies depending on the 183 work performed by the [service worker] employee, "normal hourly 184 wage" means the average hourly wage of the [service worker] employee 185 in the pay period prior to the one in which the [service worker used] 186 employee uses paid sick leave. 187 [(e) Notwithstanding the provisions of this section and sections 31-188 57t to 31-57w, inclusive, and upon the mutual consent of the service 189 worker and employer, a service worker who chooses to work additional 190 hours or shifts during the same or following pay period, in lieu of hours 191 or shifts missed, shall not use accrued paid sick leave.] 192 (e) An employee who is exempt from overtime requirements under 193 the provisions of 29 USC 213(a)(1), as amended from time to time, shall 194 be presumed to work forty hours each work week for purposes of paid 195 sick leave accrual, except each such employee, whose normal work 196 week is less than forty hours, shall accrue paid sick leave based upon 197 the hours worked in such normal work week. 198 (f) (1) If an employee is transferred by an employer to another 199 division, entity or worksite but remains employed by the same 200 employer, such employee shall retain and may use all paid sick leave 201 accrued or received by the employee while working at such prior 202 division, entity or worksite. 203 (2) If another employer succeeds or takes the place of an existing 204 employer, each employee of the original employer who remains 205 employed by such other successor employer shall retain and may use 206 all paid sick leave accrued or received while employed by the original 207 employer. 208 (g) No employer shall require an employee to search for or identify a 209 Governor's Bill No. 12 LCO No. 644 8 of 14 replacement to work the hours for which such employee is using paid 210 sick leave. 211 [(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 212 any employee, or (3) transfer any employee from one worksite to 213 another solely in order to not qualify as an employer, as defined in 214 section 31-57r, as amended by this act. 215 Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is 216 repealed and the following is substituted in lieu thereof (Effective October 217 1, 2024): 218 (a) An employer shall permit [a service worker] an employee to use 219 the paid sick leave accrued pursuant to section 31-57s, as amended by 220 this act: 221 (1) For (A) [a service worker's] an employee's illness, injury or health 222 condition, (B) the medical diagnosis, care or treatment of [a service 223 worker's] an employee's mental [illness] or physical illness, injury or 224 health condition, (C) preventative medical care for [a service worker] an 225 employee for mental or physical health, or (D) a mental health wellness 226 day; 227 (2) For (A) [a service worker's child's or spouse's] an employee's 228 family member's illness, injury or health condition, (B) the medical 229 diagnosis, care or treatment of [a service worker's child's or spouse's] an 230 employee's family member's mental or physical illness, injury or health 231 condition, or (C) preventative medical care for [a child or spouse of a 232 service worker; and] an employee's family member for mental or 233 physical health; 234 (3) For closure by order of a public official, due to a public health 235 emergency, of (A) an employer's place of business, or (B) an employee's 236 family member's school or place of care; 237 (4) For a determination by a health authority having jurisdiction, 238 employer of the employee, employer of an employee's family member, 239 Governor's Bill No. 12 LCO No. 644 9 of 14 or health care provider that such employee or employee's family 240 member poses a risk to the health of others due to such employee or 241 family member's exposure to a communicable illness, whether or not the 242 employee or employee's family member contracted the communicable 243 illness; and 244 [(3)] (5) Where [a service worker] an employee or an employee's 245 family member is [(A)] a victim of family violence or sexual assault, [or 246 (B) the parent or guardian of a child who is a victim of family violence 247 or sexual assault,] provided such [service worker] employee is not the 248 perpetrator or alleged perpetrator of such family violence or sexual 249 assault, for [(i)] (A) medical care or psychological or other counseling 250 for physical or psychological injury or disability, [(ii)] (B) obtaining 251 services from a victim services organization, [(iii)] (C) relocating due to 252 such family violence or sexual assault, or [(iv)] (D) participating in any 253 civil or criminal proceedings related to or resulting from such family 254 violence or sexual assault. 255 (b) (1) If [a service worker's] an employee's need to use paid sick leave 256 is foreseeable, an employer may require advance notice, not to exceed 257 seven days prior to the date such leave is to begin, of the intention to use 258 such leave. If [a service worker's] an employee's need for such leave is 259 not foreseeable, an employer may require [a service worker] an 260 employee to give notice of such intention as soon as practicable. 261 (2) For paid sick leave of three or more consecutive days, an employer 262 may require reasonable documentation that such leave is being taken 263 for one of the purposes permitted under subsection (a) of this section. If 264 such leave is permitted under subdivision (1) or (2) of subsection (a) of 265 this section, documentation signed by a health care provider who is 266 treating the [service worker] employee or the [service worker's child or 267 spouse] employee's family member indicating the need for the number 268 of days of such leave shall be considered reasonable documentation. If 269 such sick leave is permitted under subdivision (3) or (4) of subsection 270 (a) of this section, a written statement from an employee affirming that 271 such employee is using or has used paid sick leave for the purpose of 272 Governor's Bill No. 12 LCO No. 644 10 of 14 said subdivision shall be considered reasonable documentation. Such 273 written statement may be written in the employee's primary language. 274 No employer shall require such written statement to be notarized or in 275 any particular format. If such leave is permitted under subdivision [(3)] 276 (5) of subsection (a) of this section, a court record or documentation 277 signed by [a service worker] an employee or a volunteer working for a 278 victim services organization, an attorney, a police officer or other 279 counselor involved with the [service worker] employee shall be 280 considered reasonable documentation. No employer shall require an 281 employee to provide any documentation to explain the nature of the 282 illness or the details of the family violence or sexual assault. 283 (3) If an employer requires an employee to provide documentation 284 for paid sick leave under this section and such employer does not offer 285 health insurance to the employee, the employer shall pay all out-of-286 pocket expenses the employee incurs in obtaining the documentation. If 287 an employee has health insurance, the employer shall pay any costs 288 charged to such employee by the employee's health care provider for 289 providing the specific documentation required by the employer. An 290 employer shall pay any costs charged to an employee for documentation 291 of family violence or sexual assault required by the employer. 292 (c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 293 this act, shall be deemed to require any employer to provide paid sick 294 leave for [a service worker's] an employee's leave for any purpose other 295 than those described in this section. 296 (d) Unless an employee policy or collective bargaining agreement 297 provides for the payment of accrued fringe benefits upon termination, 298 no [service worker] employee shall be entitled to payment of unused 299 accrued paid sick leave under this section upon termination of 300 employment. 301 (e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 302 this act, shall be construed to prohibit an employer from taking 303 disciplinary action against [a service worker] an employee who uses 304 Governor's Bill No. 12 LCO No. 644 11 of 14 paid sick leave provided under sections 31-57s to 31-57w, inclusive, as 305 amended by this act, for purposes other than those described in this 306 section. 307 Sec. 4. Section 31-57u of the general statutes is repealed and the 308 following is substituted in lieu thereof (Effective October 1, 2024): 309 (a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 310 this act, shall be construed to (1) prevent employers from providing 311 more paid sick leave than is required under said sections, [31-57s to 31-312 57w, inclusive,] (2) diminish any rights provided to any employee [or 313 service worker] under a collective bargaining agreement, or (3) preempt 314 or override the terms of (A) any collective bargaining agreement 315 effective prior to January 1, 2012, or (B) any collective bargaining 316 agreement entered into on or after July 1, 2012, pursuant to chapter 317 319pp. 318 (b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 319 this act, shall be construed to prohibit an employer (1) from establishing 320 a policy whereby [a service worker] an employee may donate unused 321 accrued paid sick leave to another [service worker] employee, and (2) 322 who provides more paid sick leave than is required under sections 31-323 57s to 31-57w, inclusive, as amended by this act, for the purposes 324 described in subdivision (1) of subsection (a) of section 31-57t, as 325 amended by this act, from limiting the amount of such leave [a service 326 worker] an employee may use for other purposes. 327 (c) Any termination of [a service worker's] an employee's 328 employment by an employer, whether voluntary or involuntary, shall 329 be construed as a break in service. Should any [service worker] 330 employee subsequently be rehired by the employer following a break in 331 service, the [service worker] employee (1) shall [(1)] begin to accrue sick 332 leave in accordance with section 31-57s, as amended by this act, and (2) 333 shall not be entitled to any unused hours of paid sick leave that had been 334 accrued prior to the [service worker's] employee's break in service 335 unless agreed to by the employer. 336 Governor's Bill No. 12 LCO No. 644 12 of 14 Sec. 5. Section 31-57v of the general statutes is repealed and the 337 following is substituted in lieu thereof (Effective October 1, 2024): 338 (a) No employer shall take retaliatory personnel action or 339 discriminate against an employee because the employee (1) requests or 340 uses paid sick leave either in accordance with sections 31-57s, as 341 amended by this act, and 31-57t, as amended by this act, or in 342 accordance with the employer's own paid sick leave policy, as the case 343 may be, or (2) files a complaint with the Labor Commissioner alleging 344 the employer's violation of sections 31-57s to 31-57w, inclusive, as 345 amended by this act. 346 (b) The Labor Commissioner shall advise any employee who (1) is 347 covered by a collective bargaining agreement that provides for paid sick 348 days, and (2) files a complaint pursuant to subsection (a) of this section 349 of [his or her] the employee's right to pursue a grievance with [his or 350 her] the employee's collective bargaining agent. 351 (c) Any employee aggrieved by a violation of the provisions of 352 sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 353 complaint with the Labor Commissioner. Upon receipt of any such 354 complaint, [said] the commissioner may hold a hearing. After the 355 hearing, any employer who is found by the Labor Commissioner, by a 356 preponderance of the evidence, to have violated the provisions of 357 subsection (a) of this section shall be liable to the Labor Department for 358 a civil penalty of five hundred dollars for each violation. Any employer 359 who is found by the Labor Commissioner, by a preponderance of the 360 evidence, to have violated the provisions of sections 31-57s to 31-57u, 361 inclusive, as amended by this act, or section 31-57w, as amended by this 362 act, shall be liable to the Labor Department for a civil penalty of up to 363 one hundred dollars for each violation. The Labor Commissioner may 364 award the employee all appropriate relief, including the payment for 365 used paid sick leave, rehiring or reinstatement to the employee's 366 previous job, payment of back wages and reestablishment of employee 367 benefits to which the employee otherwise would have been eligible if 368 the employee had not been subject to such retaliatory personnel action 369 Governor's Bill No. 12 LCO No. 644 13 of 14 or discriminated against. Any party aggrieved by the decision of the 370 commissioner may appeal the decision to the Superior Court in 371 accordance with the provisions of chapter 54. 372 (d) The Labor Commissioner shall administer this section within 373 available appropriations. 374 Sec. 6. Section 31-57w of the general statutes is repealed and the 375 following is substituted in lieu thereof (Effective October 1, 2024): 376 (a) Each employer subject to the provisions of section 31-57s, as 377 amended by this act, shall, at the time of hiring, provide notice to each 378 [service worker] employee (1) of the entitlement to sick leave for [service 379 workers] employees, the amount of sick leave provided to [service 380 workers] employees and the terms under which sick leave may be used, 381 (2) that retaliation by the employer against the [service worker] 382 employee for requesting or using sick leave for which the [service 383 worker] employee is eligible is prohibited, and (3) that the [service 384 worker] employee has a right to file a complaint with the Labor 385 Commissioner for any violation of this section and of sections 31-57s to 386 31-57v, inclusive, as amended by this act. [Employers may] Each 387 employer shall comply with the provisions of this section by (A) 388 displaying a poster in a conspicuous place, accessible to [service 389 workers] employees, at the employer's place of business that contains 390 the information required by this section in both English and Spanish, [. 391 The Labor Commissioner may adopt regulations, in accordance with 392 chapter 54, to establish additional requirements concerning the means 393 by which employers shall provide such notice. The Labor Commissioner 394 shall administer this section within available appropriations.] and (B) 395 providing written notice to each employee not later than January 1, 2025, 396 or at the time of hire, whichever is later. The Labor Commissioner shall 397 create a model of such poster and written notice and make such models 398 available to all employers on the Labor Department's Internet web site. 399 For employers that do not maintain a physical workplace or for 400 employees that telework or perform work through a web-based or 401 application-based platform, employers shall comply with the provisions 402 Governor's Bill No. 12 LCO No. 644 14 of 14 of this section by sending such information via electronic 403 communication or by a conspicuous posting of such information on a 404 web-based or application-based platform. 405 (b) Each employer shall include in the record required under section 406 31-13a (1) the number of hours, if any, of paid sick leave accrued by or 407 provided to the employee, and (2) the number of hours, if any, of paid 408 sick leave used by the employee during the calendar year. Each 409 employer shall retain such records for a period of three years and shall 410 allow the Labor Commissioner, with appropriate notice and at a 411 mutually agreeable time, access to such record in order to monitor 412 compliance with the requirements of this section. Failure by an 413 employer to retain adequate records documenting hours worked by an 414 employee and paid sick leave used by such employee or to allow 415 reasonable access to such records shall be a violation of this subsection. 416 (c) The Labor Commissioner may adopt regulations, in accordance 417 with the provisions of chapter 54, to implement the provisions of this 418 section and sections 31-57s to 31-57v, inclusive, as amended by this act. 419 This act shall take effect as follows and shall amend the following sections: Section 1 October 1, 2024 31-57r Sec. 2 October 1, 2024 31-57s Sec. 3 October 1, 2024 31-57t Sec. 4 October 1, 2024 31-57u Sec. 5 October 1, 2024 31-57v Sec. 6 October 1, 2024 31-57w Statement of Purpose: To implement the Governor's budget recommendations. [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]