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Connecticut Senate Bill SB00012

Connecticut 2024 Regular Session

Connecticut Senate Bill SB00012 Compare Versions

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3-LCO 1 of 14
3+LCO No. 644 1 of 14
44
5-General Assembly Substitute Bill No. 12
5+General Assembly Governor's Bill No. 12
66 February Session, 2024
7+LCO No. 644
8+
9+
10+Referred to Committee on LABOR AND PUBLIC EMPLOYEES
11+
12+
13+Introduced by:
14+Request of the Governor Pursuant
15+to Joint Rule 9
716
817
918
1019
11-AN ACT EXPANDING ACCESS TO PAID SICK DAYS IN THE STATE.
20+
21+AN ACT MODERNIZING THE PAID SICK DAYS STATUTES.
1222 Be it enacted by the Senate and House of Representatives in General
1323 Assembly convened:
1424
1525 Section 1. Section 31-57r of the 2024 supplement to the general 1
1626 statutes is repealed and the following is substituted in lieu thereof 2
1727 (Effective October 1, 2024): 3
1828 As used in this section and sections 31-57s to 31-57w, inclusive, as 4
1929 amended by this act: 5
2030 (1) "Child" means (A) a biological, adopted or foster child, stepchild, 6
2131 legal ward of [a service worker, or] an employee, (B) a child of [a service 7
2232 worker] an employee standing in loco parentis, [who is (A) under 8
2333 eighteen years of age; or (B) eighteen years of age or older and incapable 9
2434 of self-care because of a mental or physical disability] or (C) an 10
2535 individual to whom the employee stood in loco parentis when the 11
2636 individual was a child; 12
2737 [(2) "Day or temporary worker" means an individual who performs 13
28-work for another on (A) a per diem basis, or (B) an occasional or 14
38+work for another on (A) a per diem basis, or (B) an occasional or 14 Governor's Bill No. 12
39+
40+
41+
42+LCO No. 644 2 of 14
43+
2944 irregular basis for only the time required to complete such work, 15
3045 whether such individual is paid by the person for whom such work is 16
3146 performed or by an employment agency or temporary help service, as 17
32-defined in section 31-129;] 18 Substitute Bill No. 12
33-
34-
35-LCO 2 of 14
36-
47+defined in section 31-129;] 18
3748 [(3)] (2) "Employee" means an individual engaged in service to an 19
3849 employer in the business of the employer. "Employee" does not include 20
3950 an individual who is a member of a construction-related trade person 21
4051 employee organization that is a party to a multiemployer health plan in 22
4152 which more than one employer is required to contribute to such plan 23
4253 and such plan is maintained pursuant to one or more collective 24
4354 bargaining agreements between a construction-related trade person 25
4455 employee organization or organizations and employers; 26
4556 [(4)] (3) "Employer" means any person, firm, business, educational 27
4657 institution, nonprofit agency, corporation, limited liability company or 28
4758 other entity that employs [fifty or more individuals in the state, which 29
4859 shall be determined based on such person's, firm's, business', 30
4960 educational institution's, nonprofit agency's, corporation's, limited 31
5061 liability company's or other entity's payroll for the week containing 32
5162 October first, annually. "Employer" does not include: (A) Any business 33
5263 establishment classified in sector 31, 32 or 33 in the North American 34
5364 Industrial Classification System, or (B) any nationally chartered 35
5465 organization exempt from taxation under Section 501(c)(3) of the 36
5566 Internal Revenue Code of 1986, or any subsequent corresponding 37
5667 internal revenue code of the United States, as from time to time 38
5768 amended, that provides all of the following services: Recreation, child 39
5869 care and education;] individuals in the state. "Employer" does not 40
5970 include an employer that participates in a multiemployer health plan in 41
6071 which more than one employer is required to contribute to such plan 42
6172 and such plan is maintained pursuant to one or more collective 43
6273 bargaining agreements between a construction-related trade person 44
6374 employee organization or organizations and employers; 45
6475 (4) "Family member" means a spouse, sibling, child, grandparent, 46
65-grandchild or parent of an employee or an individual related to the 47
66-employee by blood or affinity whose close association with the 48
67-employee shows to be equivalent to those family relationships; 49
68-(5) "Family violence" has the same meaning as provided in section 50
69-46b-38a; 51 Substitute Bill No. 12
76+grandchild or parent of an employee. "Family member" does not include 47 Governor's Bill No. 12
7077
7178
72-LCO 3 of 14
7379
74-(6) "Grandchild" means a grandchild related to a person by blood, 52
75-marriage, adoption by a child of the grandparent or foster care by a child 53
76-of the grandparent; 54
77-(7) "Parent" means (A) a biological, foster or adoptive parent, 55
78-stepparent, parent-in-law, legal guardian of an employee or an 56
79-employee's spouse, (B) an individual standing in loco parentis to an 57
80-employee, or (C) an individual who stood in loco parentis to the 58
81-employee when the employee was a child; 59
82-(8) "Paid sick leave" means paid time that is provided by an employer 60
83-to an employee for the purposes described in section 31-57t, as amended 61
84-by this act; 62
85-[(6)] (9) "Mental health wellness day" means a day during which [a 63
86-service worker] an employee attends to such [service worker's] 64
87-employee's emotional and psychological well-being in lieu of attending 65
88-a regularly scheduled shift; 66
89-[(7)] (10) "Retaliatory personnel action" means any termination, 67
90-suspension, constructive discharge, demotion, unfavorable 68
91-reassignment, refusal to promote, disciplinary action or other adverse 69
92-employment action taken by an employer against an employee; [or a 70
93-service worker;] 71
94-[(8) "Service worker" means an employee primarily engaged in an 72
95-occupation with one of the following broad or detailed occupation code 73
96-numbers and titles, as defined by the federal Bureau of Labor Statistics 74
97-Standard Occupational Classification system or any successor system: 75
98-(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 76
99-Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 77
100-Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 78
101-21-1099 Community and Social Service Specialists, All Other; (G) 25-79
102-4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 80
103-Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-81
104-1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 82
105-Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 83 Substitute Bill No. 12
80+LCO No. 644 3 of 14
81+
82+an aunt, uncle, niece, nephew or cousin; 48
83+(5) "Family violence" has the same meaning as provided in section 49
84+46b-38a; 50
85+(6) "Grandchild" means a grandchild related to a person by blood, 51
86+marriage, adoption by a child of the grandparent or foster care by a child 52
87+of the grandparent; 53
88+(7) "Parent" means (A) a biological, foster or adoptive parent, 54
89+stepparent, parent-in-law, legal guardian of an employee or an 55
90+employee's spouse, (B) an individual standing in loco parentis to an 56
91+employee, or (C) an individual who stood in loco parentis to the 57
92+employee when the employee was a child; 58
93+(8) "Paid sick leave" means paid time that is provided by an employer 59
94+to an employee for the purposes described in section 31-57t, as amended 60
95+by this act; 61
96+[(6)] (9) "Mental health wellness day" means a day during which a 62
97+service worker attends to such service worker's emotional and 63
98+psychological well-being in lieu of attending a regularly scheduled shift; 64
99+[(7)] (10) "Retaliatory personnel action" means any termination, 65
100+suspension, constructive discharge, demotion, unfavorable 66
101+reassignment, refusal to promote, disciplinary action or other adverse 67
102+employment action taken by an employer against an employee; [or a 68
103+service worker;] 69
104+[(8) "Service worker" means an employee primarily engaged in an 70
105+occupation with one of the following broad or detailed occupation code 71
106+numbers and titles, as defined by the federal Bureau of Labor Statistics 72
107+Standard Occupational Classification system or any successor system: 73
108+(A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health 74
109+Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and 75
110+Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 76
111+21-1099 Community and Social Service Specialists, All Other; (G) 25-77 Governor's Bill No. 12
106112
107113
108-LCO 4 of 14
109114
110-Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 84
111-Practitioner Support Technologists and Technicians; (R) 29-2060 85
112-Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 86
113-Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 87
114-31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 88
115-Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 89
116-Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 90
117-Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 91
118-(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 92
119-(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 93
120-Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 94
121-and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 95
122-and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 96
123-Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-97
124-2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 98
125-(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 99
126-Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 100
127-Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 101
128-Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 102
129-(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 103
130-of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 104
131-Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 105
132-(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 106
133-Receptionists and Information Clerks; (YY) 43-5020 Couriers and 107
134-Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 108
135-(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 109
136-Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 110
137-(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 111
138-43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 112
139-(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 113
140-Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 114
141-Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 115
142-Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 116
143-(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 117
144-Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 118 Substitute Bill No. 12
115+LCO No. 644 4 of 14
116+
117+4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician 78
118+Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-79
119+1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 80
120+Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 81
121+Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health 82
122+Practitioner Support Technologists and Technicians; (R) 29-2060 83
123+Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home 84
124+Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 85
125+31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 86
126+Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing 87
127+Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving 88
128+Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; 89
129+(CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; 90
130+(EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, 91
131+Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants 92
132+and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts 93
133+and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 94
134+Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-95
135+2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; 96
136+(LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 97
137+Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, 98
138+Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage 99
139+Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; 100
140+(QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors 101
141+of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and 102
142+Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; 103
143+(WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 104
144+Receptionists and Information Clerks; (YY) 43-5020 Couriers and 105
145+Messengers; (ZZ) 43-6010 Secretaries and Administrative Assistants; 106
146+(AAA) 43-9010 Computer Operators; (BBB) 43-9020 Data Entry and 107
147+Information Processing Workers; (CCC) 43-9030 Desktop Publishers; 108
148+(DDD) 43-9040 Insurance Claims and Policy Processing Clerks; (EEE) 109
149+43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; 110
150+(FFF) 43-9060 Office Clerks, General; (GGG) 43-9070 Office Machine 111
151+Operators, Except Computer; (HHH) 43-9080 Proofreaders and Copy 112 Governor's Bill No. 12
145152
146153
147-LCO 5 of 14
148154
149-(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 119
150-Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 120
151-Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 121
152-and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 122
153-wage and overtime compensation requirements of the Fair Labor 123
154-Standards Act of 1938 and the regulations promulgated thereunder, as 124
155-amended from time to time. "Service worker" does not include day or 125
156-temporary workers;] 126
157-[(9)] (11) "Sexual assault" means any act that constitutes a violation of 127
158-section 53a-70b of the general statutes, revision of 1958, revised to 128
159-January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 129
160-53a-73a; 130
161-(12) "Sibling" means a brother or sister related to an employee by 131
162-blood, marriage or adoption by a parent of the employee or by foster 132
163-care placement; 133
164-[(10)] (13) "Spouse" means a [husband or wife, as the case may be] 134
165-person who is (A) legally married to an employee under the laws of any 135
166-state, or (B) a domestic partner of an employee registered under the laws 136
167-of any state or political subdivision; and 137
168-[(11)] (14) "Year" means any three-hundred-sixty-five-day period 138
169-used by an employer to calculate employee benefits. 139
170-Sec. 2. Section 31-57s of the general statutes is repealed and the 140
171-following is substituted in lieu thereof (Effective October 1, 2024): 141
172-(a) Each employer shall provide paid sick leave annually to each of 142
173-such employer's [service workers] employees in the state. Such paid sick 143
174-leave shall accrue (1) beginning [January 1, 2012] October 1, 2024, or for 144
175-[a service worker] an employee hired after said date, beginning on the 145
176-[service worker's] employee's first date of employment, (2) at a rate of 146
177-one hour of paid sick leave for each [forty] thirty hours worked by [a 147
178-service worker] an employee, and (3) in one-hour increments up to a 148
179-maximum of forty hours per year. [Each service worker] An employer 149 Substitute Bill No. 12
155+LCO No. 644 5 of 14
156+
157+Markers; (III) 43-9110 Statistical Assistants; (JJJ) 43-9190 Miscellaneous 113
158+Office and Administrative Support Workers; (KKK) 51-3010 Bakers; 114
159+(LLL) 51-3020 Butchers and Other Meat, Poultry and Fish Processing 115
160+Workers; (MMM) 51-3090 Miscellaneous Food Processing Workers; 116
161+(NNN) 53-3010 Ambulance Drivers and Attendants, Except Emergency 117
162+Medical Technicians; (OOO) 53-3020 Bus Drivers; (PPP) 53-3040 Taxi 118
163+Drivers and Chauffeurs; or (QQQ) 29-2034 Radiologic Technologists, 119
164+and is (i) paid on an hourly basis, or (ii) not exempt from the minimum 120
165+wage and overtime compensation requirements of the Fair Labor 121
166+Standards Act of 1938 and the regulations promulgated thereunder, as 122
167+amended from time to time. "Service worker" does not include day or 123
168+temporary workers;] 124
169+[(9)] (11) "Sexual assault" means any act that constitutes a violation of 125
170+section 53a-70b of the general statutes, revision of 1958, revised to 126
171+January 1, 2019, or section 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 127
172+53a-73a; 128
173+(12) "Sibling" means a brother or sister related to an employee by 129
174+blood, marriage or adoption by a parent of the employee or by foster 130
175+care placement; 131
176+[(10)] (13) "Spouse" means a [husband or wife, as the case may be] 132
177+person who is (A) legally married to an employee under the laws of any 133
178+state, or (B) a domestic partner of an employee registered under the laws 134
179+of any state or political subdivision; and 135
180+[(11)] (14) "Year" means any three-hundred-sixty-five-day period 136
181+used by an employer to calculate employee benefits. 137
182+Sec. 2. Section 31-57s of the general statutes is repealed and the 138
183+following is substituted in lieu thereof (Effective October 1, 2024): 139
184+(a) Each employer shall provide paid sick leave annually to each of 140
185+such employer's [service workers] employees in the state. Such paid sick 141
186+leave shall accrue (1) beginning [January 1, 2012] October 1, 2024, or for 142
187+[a service worker] an employee hired after said date, beginning on the 143 Governor's Bill No. 12
180188
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184-may provide its employees with a greater amount of paid sick leave or 150
185-provide paid sick leave at a faster rate than required by this subsection. 151
186-Each employee shall be entitled to carry over up to forty unused accrued 152
187-hours of paid sick leave from the current year to the following year, but 153
188-no [service worker] employee shall be entitled to use more than the 154
189-maximum number of accrued hours, as described in subdivision (3) of 155
190-this subsection, in any year. In lieu of any carry-over of unused paid sick 156
191-leave from the current year to the following year, an employer may 157
192-provide an employee with an amount of paid sick leave that meets or 158
193-exceeds the requirements of this subsection and is available for the 159
194-employee's immediate use at the beginning of the following year. 160
195-(b) [A service worker] An employee shall be entitled to the use of any 161
196-accrued paid sick leave [upon the completion of the service worker's six-162
197-hundred-eightieth hour of employment from January 1, 2012, if the 163
198-service worker was hired prior to January 1, 2012, or if hired after 164
199-January 1, 2012, upon the completion of the service worker's six-165
200-hundred-eightieth hour of employment from the date of hire, unless the 166
201-employer agrees to an earlier date. A service worker shall not be entitled 167
202-to the use of accrued paid sick leave if such service worker did not work 168
203-an average of ten or more hours per week for the employer in the most 169
204-recent complete quarter] on and after the one hundredth day of such 170
205-employee's employment. 171
206-(c) An employer shall be deemed to be in compliance with this section 172
207-if the employer offers any other paid leave, or combination of other paid 173
208-leave that (1) may be used for the purposes of, and under the same 174
209-conditions as provided in, section 31-57t, as amended by this act, and (2) 175
210-is accrued in total at a rate equal to or greater than the rate described in 176
211-[subsections] subsection (a) [and (b)] of this section. For the purposes of 177
212-this subsection, "other paid leave" may include, but need not be limited 178
213-to, paid vacation, personal days or paid time off. 179
214-(d) Each employer shall pay each [service worker] employee for paid 180
215-sick leave at a pay rate equal to [the greater of either] (1) the normal 181
216-hourly wage for that [service worker] employee, or (2) the minimum fair 182 Substitute Bill No. 12
191+LCO No. 644 6 of 14
192+
193+[service worker's] employee's first date of employment, (2) at a rate of 144
194+one hour of paid sick leave for each [forty] thirty hours worked by [a 145
195+service worker] an employee, and (3) in one-hour increments up to a 146
196+maximum of forty hours per year. [Each service worker] An employer 147
197+may provide its employees with a greater amount of paid sick leave or 148
198+provide paid sick leave at a faster rate than required by this subsection. 149
199+Each employee shall be entitled to carry over up to forty unused accrued 150
200+hours of paid sick leave from the current year to the following year, but 151
201+no [service worker] employee shall be entitled to use more than the 152
202+maximum number of accrued hours, as described in subdivision (3) of 153
203+this subsection, in any year. In lieu of any carry-over of unused paid sick 154
204+leave from the current year to the following year, an employer may 155
205+provide an employee with an amount of paid sick leave that meets or 156
206+exceeds the requirements of this subsection and is available for the 157
207+employee's immediate use at the beginning of the following year. 158
208+(b) [A service worker] An employee shall be entitled to the use of any 159
209+accrued paid sick leave [upon the completion of the service worker's six-160
210+hundred-eightieth hour of employment from January 1, 2012, if the 161
211+service worker was hired prior to January 1, 2012, or if hired after 162
212+January 1, 2012, upon the completion of the service worker's six-163
213+hundred-eightieth hour of employment from the date of hire, unless the 164
214+employer agrees to an earlier date. A service worker shall not be entitled 165
215+to the use of accrued paid sick leave if such service worker did not work 166
216+an average of ten or more hours per week for the employer in the most 167
217+recent complete quarter] on and after the one hundredth day of such 168
218+employee's employment. 169
219+(c) An employer shall be deemed to be in compliance with this section 170
220+if the employer offers any other paid leave, or combination of other paid 171
221+leave that (1) may be used for the purposes of, and under the same 172
222+conditions as provided in, section 31-57t, as amended by this act, and (2) 173
223+is accrued in total at a rate equal to or greater than the rate described in 174
224+[subsections] subsection (a) [and (b)] of this section. For the purposes of 175
225+this subsection, "other paid leave" may include, but need not be limited 176
226+to, paid vacation, personal days or paid time off. 177 Governor's Bill No. 12
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218228
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221-wage rate under section 31-58 in effect for the pay period during which 183
222-the employee [used] uses paid sick leave, whichever is greater. For any 184
223-[service worker] employee whose hourly wage varies depending on the 185
224-work performed by the [service worker] employee, "normal hourly 186
225-wage" means the average hourly wage of the [service worker] employee 187
226-in the pay period prior to the one in which the [service worker used] 188
227-employee uses paid sick leave. 189
228-[(e) Notwithstanding the provisions of this section and sections 31-190
229-57t to 31-57w, inclusive, and upon the mutual consent of the service 191
230-worker and employer, a service worker who chooses to work additional 192
231-hours or shifts during the same or following pay period, in lieu of hours 193
232-or shifts missed, shall not use accrued paid sick leave.] 194
233-(e) An employee who is exempt from overtime requirements under 195
234-the provisions of 29 USC 213(a)(1), as amended from time to time, shall 196
235-be presumed to work forty hours each work week for purposes of paid 197
236-sick leave accrual, except each such employee, whose normal work 198
237-week is less than forty hours, shall accrue paid sick leave based upon 199
238-the hours worked in such normal work week. 200
239-(f) (1) If an employee is transferred by an employer to another 201
240-division, entity or worksite but remains employed by the same 202
241-employer, such employee shall retain and may use all paid sick leave 203
242-accrued or received by the employee while working at such prior 204
243-division, entity or worksite. 205
244-(2) If another employer succeeds or takes the place of an existing 206
245-employer, each employee of the original employer who remains 207
246-employed by such other successor employer shall retain and may use 208
247-all paid sick leave accrued or received while employed by the original 209
248-employer. 210
249-(g) No employer shall require an employee to search for or identify a 211
250-replacement to work the hours for which such employee is using paid 212
251-sick leave. 213 Substitute Bill No. 12
230+LCO No. 644 7 of 14
231+
232+(d) Each employer shall pay each [service worker] employee for paid 178
233+sick leave at a pay rate equal to [the greater of either] (1) the normal 179
234+hourly wage for that [service worker] employee, or (2) the minimum fair 180
235+wage rate under section 31-58 in effect for the pay period during which 181
236+the employee [used] uses paid sick leave, whichever is greater. For any 182
237+[service worker] employee whose hourly wage varies depending on the 183
238+work performed by the [service worker] employee, "normal hourly 184
239+wage" means the average hourly wage of the [service worker] employee 185
240+in the pay period prior to the one in which the [service worker used] 186
241+employee uses paid sick leave. 187
242+[(e) Notwithstanding the provisions of this section and sections 31-188
243+57t to 31-57w, inclusive, and upon the mutual consent of the service 189
244+worker and employer, a service worker who chooses to work additional 190
245+hours or shifts during the same or following pay period, in lieu of hours 191
246+or shifts missed, shall not use accrued paid sick leave.] 192
247+(e) An employee who is exempt from overtime requirements under 193
248+the provisions of 29 USC 213(a)(1), as amended from time to time, shall 194
249+be presumed to work forty hours each work week for purposes of paid 195
250+sick leave accrual, except each such employee, whose normal work 196
251+week is less than forty hours, shall accrue paid sick leave based upon 197
252+the hours worked in such normal work week. 198
253+(f) (1) If an employee is transferred by an employer to another 199
254+division, entity or worksite but remains employed by the same 200
255+employer, such employee shall retain and may use all paid sick leave 201
256+accrued or received by the employee while working at such prior 202
257+division, entity or worksite. 203
258+(2) If another employer succeeds or takes the place of an existing 204
259+employer, each employee of the original employer who remains 205
260+employed by such other successor employer shall retain and may use 206
261+all paid sick leave accrued or received while employed by the original 207
262+employer. 208
263+(g) No employer shall require an employee to search for or identify a 209 Governor's Bill No. 12
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256-[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 214
257-any employee, or (3) transfer any employee from one worksite to 215
258-another solely in order to not qualify as an employer, as defined in 216
259-section 31-57r, as amended by this act. 217
260-Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is 218
261-repealed and the following is substituted in lieu thereof (Effective October 219
262-1, 2024): 220
263-(a) An employer shall permit [a service worker] an employee to use 221
264-the paid sick leave accrued pursuant to section 31-57s, as amended by 222
265-this act: 223
266-(1) For (A) [a service worker's] an employee's illness, injury or health 224
267-condition, (B) the medical diagnosis, care or treatment of [a service 225
268-worker's] an employee's mental [illness] or physical illness, injury or 226
269-health condition, (C) preventative medical care for [a service worker] an 227
270-employee for mental or physical health, or (D) a mental health wellness 228
271-day; 229
272-(2) For (A) [a service worker's child's or spouse's] an employee's 230
273-family member's illness, injury or health condition, (B) the medical 231
274-diagnosis, care or treatment of [a service worker's child's or spouse's] an 232
275-employee's family member's mental or physical illness, injury or health 233
276-condition, or (C) preventative medical care for [a child or spouse of a 234
277-service worker; and] an employee's family member for mental or 235
278-physical health; 236
279-(3) For closure by order of a public official, due to a public health 237
280-emergency, of (A) an employer's place of business, or (B) an employee's 238
281-family member's school or place of care; 239
282-(4) For a determination by a health authority having jurisdiction, 240
283-employer of the employee, employer of an employee's family member, 241
284-or health care provider that such employee or employee's family 242
285-member poses a risk to the health of others due to such employee or 243
286-family member's exposure to a communicable illness, whether or not the 244 Substitute Bill No. 12
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269+replacement to work the hours for which such employee is using paid 210
270+sick leave. 211
271+[(f)] (h) No employer shall (1) terminate any employee, (2) dismiss 212
272+any employee, or (3) transfer any employee from one worksite to 213
273+another solely in order to not qualify as an employer, as defined in 214
274+section 31-57r, as amended by this act. 215
275+Sec. 3. Section 31-57t of the 2024 supplement to the general statutes is 216
276+repealed and the following is substituted in lieu thereof (Effective October 217
277+1, 2024): 218
278+(a) An employer shall permit [a service worker] an employee to use 219
279+the paid sick leave accrued pursuant to section 31-57s, as amended by 220
280+this act: 221
281+(1) For (A) [a service worker's] an employee's illness, injury or health 222
282+condition, (B) the medical diagnosis, care or treatment of [a service 223
283+worker's] an employee's mental [illness] or physical illness, injury or 224
284+health condition, (C) preventative medical care for [a service worker] an 225
285+employee for mental or physical health, or (D) a mental health wellness 226
286+day; 227
287+(2) For (A) [a service worker's child's or spouse's] an employee's 228
288+family member's illness, injury or health condition, (B) the medical 229
289+diagnosis, care or treatment of [a service worker's child's or spouse's] an 230
290+employee's family member's mental or physical illness, injury or health 231
291+condition, or (C) preventative medical care for [a child or spouse of a 232
292+service worker; and] an employee's family member for mental or 233
293+physical health; 234
294+(3) For closure by order of a public official, due to a public health 235
295+emergency, of (A) an employer's place of business, or (B) an employee's 236
296+family member's school or place of care; 237
297+(4) For a determination by a health authority having jurisdiction, 238
298+employer of the employee, employer of an employee's family member, 239 Governor's Bill No. 12
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291-employee or employee's family member contracted the communicable 245
292-illness; and 246
293-[(3)] (5) Where [a service worker] an employee or an employee's 247
294-family member is [(A)] a victim of family violence or sexual assault, [or 248
295-(B) the parent or guardian of a child who is a victim of family violence 249
296-or sexual assault,] provided such [service worker] employee is not the 250
297-perpetrator or alleged perpetrator of such family violence or sexual 251
298-assault, for [(i)] (A) medical care or psychological or other counseling 252
299-for physical or psychological injury or disability, [(ii)] (B) obtaining 253
300-services from a victim services organization, [(iii)] (C) relocating due to 254
301-such family violence or sexual assault, or [(iv)] (D) participating in any 255
302-civil or criminal proceedings related to or resulting from such family 256
303-violence or sexual assault. 257
304-(b) (1) If [a service worker's] an employee's need to use paid sick leave 258
305-is foreseeable, an employer may require advance notice, not to exceed 259
306-seven days prior to the date such leave is to begin, of the intention to use 260
307-such leave. If [a service worker's] an employee's need for such leave is 261
308-not foreseeable, an employer may require [a service worker] an 262
309-employee to give notice of such intention as soon as practicable. 263
310-(2) For paid sick leave of three or more consecutive days, an employer 264
311-may require reasonable documentation that such leave is being taken 265
312-for one of the purposes permitted under subsection (a) of this section. If 266
313-such leave is permitted under subdivision (1) or (2) of subsection (a) of 267
314-this section, documentation signed by a health care provider who is 268
315-treating the [service worker] employee or the [service worker's child or 269
316-spouse] employee's family member indicating the need for the number 270
317-of days of such leave shall be considered reasonable documentation. If 271
318-such sick leave is permitted under subdivision (3) or (4) of subsection 272
319-(a) of this section, a written statement from an employee affirming that 273
320-such employee is using or has used paid sick leave for the purpose of 274
321-said subdivision shall be considered reasonable documentation. Such 275
322-written statement may be written in the employee's primary language. 276
323-No employer shall require such written statement to be notarized or in 277 Substitute Bill No. 12
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304+or health care provider that such employee or employee's family 240
305+member poses a risk to the health of others due to such employee or 241
306+family member's exposure to a communicable illness, whether or not the 242
307+employee or employee's family member contracted the communicable 243
308+illness; and 244
309+[(3)] (5) Where [a service worker] an employee or an employee's 245
310+family member is [(A)] a victim of family violence or sexual assault, [or 246
311+(B) the parent or guardian of a child who is a victim of family violence 247
312+or sexual assault,] provided such [service worker] employee is not the 248
313+perpetrator or alleged perpetrator of such family violence or sexual 249
314+assault, for [(i)] (A) medical care or psychological or other counseling 250
315+for physical or psychological injury or disability, [(ii)] (B) obtaining 251
316+services from a victim services organization, [(iii)] (C) relocating due to 252
317+such family violence or sexual assault, or [(iv)] (D) participating in any 253
318+civil or criminal proceedings related to or resulting from such family 254
319+violence or sexual assault. 255
320+(b) (1) If [a service worker's] an employee's need to use paid sick leave 256
321+is foreseeable, an employer may require advance notice, not to exceed 257
322+seven days prior to the date such leave is to begin, of the intention to use 258
323+such leave. If [a service worker's] an employee's need for such leave is 259
324+not foreseeable, an employer may require [a service worker] an 260
325+employee to give notice of such intention as soon as practicable. 261
326+(2) For paid sick leave of three or more consecutive days, an employer 262
327+may require reasonable documentation that such leave is being taken 263
328+for one of the purposes permitted under subsection (a) of this section. If 264
329+such leave is permitted under subdivision (1) or (2) of subsection (a) of 265
330+this section, documentation signed by a health care provider who is 266
331+treating the [service worker] employee or the [service worker's child or 267
332+spouse] employee's family member indicating the need for the number 268
333+of days of such leave shall be considered reasonable documentation. If 269
334+such sick leave is permitted under subdivision (3) or (4) of subsection 270
335+(a) of this section, a written statement from an employee affirming that 271
336+such employee is using or has used paid sick leave for the purpose of 272 Governor's Bill No. 12
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328-any particular format. If such leave is permitted under subdivision [(3)] 278
329-(5) of subsection (a) of this section, a court record or documentation 279
330-signed by [a service worker] an employee or a volunteer working for a 280
331-victim services organization, an attorney, a police officer or other 281
332-counselor involved with the [service worker] employee shall be 282
333-considered reasonable documentation. No employer shall require an 283
334-employee to provide any documentation to explain the nature of the 284
335-illness or the details of the family violence or sexual assault. 285
336-(3) If an employer requires an employee to provide documentation 286
337-for paid sick leave under this section and such employer does not offer 287
338-health insurance to the employee, the employer shall pay all out-of-288
339-pocket expenses the employee incurs in obtaining the documentation. If 289
340-an employee has health insurance, the employer shall pay any costs 290
341-charged to such employee by the employee's health care provider for 291
342-providing the specific documentation required by the employer. An 292
343-employer shall pay any costs charged to an employee for documentation 293
344-of family violence or sexual assault required by the employer. 294
345-(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 295
346-this act, shall be deemed to require any employer to provide paid sick 296
347-leave for [a service worker's] an employee's leave for any purpose other 297
348-than those described in this section. 298
349-(d) Unless an employee policy or collective bargaining agreement 299
350-provides for the payment of accrued fringe benefits upon termination, 300
351-no [service worker] employee shall be entitled to payment of unused 301
352-accrued paid sick leave under this section upon termination of 302
353-employment. 303
354-(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 304
355-this act, shall be construed to prohibit an employer from taking 305
356-disciplinary action against [a service worker] an employee who uses 306
357-paid sick leave provided under sections 31-57s to 31-57w, inclusive, as 307
358-amended by this act, for purposes other than those described in this 308
359-section. 309 Substitute Bill No. 12
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342+said subdivision shall be considered reasonable documentation. Such 273
343+written statement may be written in the employee's primary language. 274
344+No employer shall require such written statement to be notarized or in 275
345+any particular format. If such leave is permitted under subdivision [(3)] 276
346+(5) of subsection (a) of this section, a court record or documentation 277
347+signed by [a service worker] an employee or a volunteer working for a 278
348+victim services organization, an attorney, a police officer or other 279
349+counselor involved with the [service worker] employee shall be 280
350+considered reasonable documentation. No employer shall require an 281
351+employee to provide any documentation to explain the nature of the 282
352+illness or the details of the family violence or sexual assault. 283
353+(3) If an employer requires an employee to provide documentation 284
354+for paid sick leave under this section and such employer does not offer 285
355+health insurance to the employee, the employer shall pay all out-of-286
356+pocket expenses the employee incurs in obtaining the documentation. If 287
357+an employee has health insurance, the employer shall pay any costs 288
358+charged to such employee by the employee's health care provider for 289
359+providing the specific documentation required by the employer. An 290
360+employer shall pay any costs charged to an employee for documentation 291
361+of family violence or sexual assault required by the employer. 292
362+(c) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 293
363+this act, shall be deemed to require any employer to provide paid sick 294
364+leave for [a service worker's] an employee's leave for any purpose other 295
365+than those described in this section. 296
366+(d) Unless an employee policy or collective bargaining agreement 297
367+provides for the payment of accrued fringe benefits upon termination, 298
368+no [service worker] employee shall be entitled to payment of unused 299
369+accrued paid sick leave under this section upon termination of 300
370+employment. 301
371+(e) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 302
372+this act, shall be construed to prohibit an employer from taking 303
373+disciplinary action against [a service worker] an employee who uses 304 Governor's Bill No. 12
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364-Sec. 4. Section 31-57u of the general statutes is repealed and the 310
365-following is substituted in lieu thereof (Effective October 1, 2024): 311
366-(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 312
367-this act, shall be construed to (1) prevent employers from providing 313
368-more paid sick leave than is required under said sections, [31-57s to 31-314
369-57w, inclusive,] (2) diminish any rights provided to any employee [or 315
370-service worker] under a collective bargaining agreement, or (3) preempt 316
371-or override the terms of (A) any collective bargaining agreement 317
372-effective prior to January 1, 2012, or (B) any collective bargaining 318
373-agreement entered into on or after July 1, 2012, pursuant to chapter 319
374-319pp. 320
375-(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 321
376-this act, shall be construed to prohibit an employer (1) from establishing 322
377-a policy whereby [a service worker] an employee may donate unused 323
378-accrued paid sick leave to another [service worker] employee, and (2) 324
379-who provides more paid sick leave than is required under sections 31-325
380-57s to 31-57w, inclusive, as amended by this act, for the purposes 326
381-described in subdivision (1) of subsection (a) of section 31-57t, as 327
382-amended by this act, from limiting the amount of such leave [a service 328
383-worker] an employee may use for other purposes. 329
384-(c) Any termination of [a service worker's] an employee's 330
385-employment by an employer, whether voluntary or involuntary, shall 331
386-be construed as a break in service. Should any [service worker] 332
387-employee subsequently be rehired by the employer following a break in 333
388-service, the [service worker] employee (1) shall [(1)] begin to accrue sick 334
389-leave in accordance with section 31-57s, as amended by this act, and (2) 335
390-shall not be entitled to any unused hours of paid sick leave that had been 336
391-accrued prior to the [service worker's] employee's break in service 337
392-unless agreed to by the employer. 338
393-Sec. 5. Section 31-57v of the general statutes is repealed and the 339
394-following is substituted in lieu thereof (Effective October 1, 2024): 340
395-(a) No employer shall take retaliatory personnel action or 341 Substitute Bill No. 12
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379+paid sick leave provided under sections 31-57s to 31-57w, inclusive, as 305
380+amended by this act, for purposes other than those described in this 306
381+section. 307
382+Sec. 4. Section 31-57u of the general statutes is repealed and the 308
383+following is substituted in lieu thereof (Effective October 1, 2024): 309
384+(a) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 310
385+this act, shall be construed to (1) prevent employers from providing 311
386+more paid sick leave than is required under said sections, [31-57s to 31-312
387+57w, inclusive,] (2) diminish any rights provided to any employee [or 313
388+service worker] under a collective bargaining agreement, or (3) preempt 314
389+or override the terms of (A) any collective bargaining agreement 315
390+effective prior to January 1, 2012, or (B) any collective bargaining 316
391+agreement entered into on or after July 1, 2012, pursuant to chapter 317
392+319pp. 318
393+(b) Nothing in sections 31-57s to 31-57w, inclusive, as amended by 319
394+this act, shall be construed to prohibit an employer (1) from establishing 320
395+a policy whereby [a service worker] an employee may donate unused 321
396+accrued paid sick leave to another [service worker] employee, and (2) 322
397+who provides more paid sick leave than is required under sections 31-323
398+57s to 31-57w, inclusive, as amended by this act, for the purposes 324
399+described in subdivision (1) of subsection (a) of section 31-57t, as 325
400+amended by this act, from limiting the amount of such leave [a service 326
401+worker] an employee may use for other purposes. 327
402+(c) Any termination of [a service worker's] an employee's 328
403+employment by an employer, whether voluntary or involuntary, shall 329
404+be construed as a break in service. Should any [service worker] 330
405+employee subsequently be rehired by the employer following a break in 331
406+service, the [service worker] employee (1) shall [(1)] begin to accrue sick 332
407+leave in accordance with section 31-57s, as amended by this act, and (2) 333
408+shall not be entitled to any unused hours of paid sick leave that had been 334
409+accrued prior to the [service worker's] employee's break in service 335
410+unless agreed to by the employer. 336 Governor's Bill No. 12
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400-discriminate against an employee because the employee (1) requests or 342
401-uses paid sick leave either in accordance with sections 31-57s, as 343
402-amended by this act, and 31-57t, as amended by this act, or in 344
403-accordance with the employer's own paid sick leave policy, as the case 345
404-may be, or (2) files a complaint with the Labor Commissioner alleging 346
405-the employer's violation of sections 31-57s to 31-57w, inclusive, as 347
406-amended by this act. 348
407-(b) The Labor Commissioner shall advise any employee who (1) is 349
408-covered by a collective bargaining agreement that provides for paid sick 350
409-days, and (2) files a complaint pursuant to subsection (a) of this section 351
410-of [his or her] the employee's right to pursue a grievance with [his or 352
411-her] the employee's collective bargaining agent. 353
412-(c) Any employee aggrieved by a violation of the provisions of 354
413-sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 355
414-complaint with the Labor Commissioner. Upon receipt of any such 356
415-complaint, [said] the commissioner may hold a hearing. After the 357
416-hearing, any employer who is found by the Labor Commissioner, by a 358
417-preponderance of the evidence, to have violated the provisions of 359
418-subsection (a) of this section shall be liable to the Labor Department for 360
419-a civil penalty of five hundred dollars for each violation. Any employer 361
420-who is found by the Labor Commissioner, by a preponderance of the 362
421-evidence, to have violated the provisions of sections 31-57s to 31-57u, 363
422-inclusive, as amended by this act, or section 31-57w, as amended by this 364
423-act, shall be liable to the Labor Department for a civil penalty of up to 365
424-one hundred dollars for each violation. The Labor Commissioner may 366
425-award the employee all appropriate relief, including the payment for 367
426-used paid sick leave, rehiring or reinstatement to the employee's 368
427-previous job, payment of back wages and reestablishment of employee 369
428-benefits to which the employee otherwise would have been eligible if 370
429-the employee had not been subject to such retaliatory personnel action 371
430-or discriminated against. Any party aggrieved by the decision of the 372
431-commissioner may appeal the decision to the Superior Court in 373
432-accordance with the provisions of chapter 54. 374 Substitute Bill No. 12
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415+
416+Sec. 5. Section 31-57v of the general statutes is repealed and the 337
417+following is substituted in lieu thereof (Effective October 1, 2024): 338
418+(a) No employer shall take retaliatory personnel action or 339
419+discriminate against an employee because the employee (1) requests or 340
420+uses paid sick leave either in accordance with sections 31-57s, as 341
421+amended by this act, and 31-57t, as amended by this act, or in 342
422+accordance with the employer's own paid sick leave policy, as the case 343
423+may be, or (2) files a complaint with the Labor Commissioner alleging 344
424+the employer's violation of sections 31-57s to 31-57w, inclusive, as 345
425+amended by this act. 346
426+(b) The Labor Commissioner shall advise any employee who (1) is 347
427+covered by a collective bargaining agreement that provides for paid sick 348
428+days, and (2) files a complaint pursuant to subsection (a) of this section 349
429+of [his or her] the employee's right to pursue a grievance with [his or 350
430+her] the employee's collective bargaining agent. 351
431+(c) Any employee aggrieved by a violation of the provisions of 352
432+sections 31-57s to 31-57w, inclusive, as amended by this act, may file a 353
433+complaint with the Labor Commissioner. Upon receipt of any such 354
434+complaint, [said] the commissioner may hold a hearing. After the 355
435+hearing, any employer who is found by the Labor Commissioner, by a 356
436+preponderance of the evidence, to have violated the provisions of 357
437+subsection (a) of this section shall be liable to the Labor Department for 358
438+a civil penalty of five hundred dollars for each violation. Any employer 359
439+who is found by the Labor Commissioner, by a preponderance of the 360
440+evidence, to have violated the provisions of sections 31-57s to 31-57u, 361
441+inclusive, as amended by this act, or section 31-57w, as amended by this 362
442+act, shall be liable to the Labor Department for a civil penalty of up to 363
443+one hundred dollars for each violation. The Labor Commissioner may 364
444+award the employee all appropriate relief, including the payment for 365
445+used paid sick leave, rehiring or reinstatement to the employee's 366
446+previous job, payment of back wages and reestablishment of employee 367
447+benefits to which the employee otherwise would have been eligible if 368
448+the employee had not been subject to such retaliatory personnel action 369 Governor's Bill No. 12
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437-(d) The Labor Commissioner shall administer this section within 375
438-available appropriations. 376
439-Sec. 6. Section 31-57w of the general statutes is repealed and the 377
440-following is substituted in lieu thereof (Effective October 1, 2024): 378
441-(a) Each employer subject to the provisions of section 31-57s, as 379
442-amended by this act, shall, at the time of hiring, provide notice to each 380
443-[service worker] employee (1) of the entitlement to sick leave for [service 381
444-workers] employees, the amount of sick leave provided to [service 382
445-workers] employees and the terms under which sick leave may be used, 383
446-(2) that retaliation by the employer against the [service worker] 384
447-employee for requesting or using sick leave for which the [service 385
448-worker] employee is eligible is prohibited, and (3) that the [service 386
449-worker] employee has a right to file a complaint with the Labor 387
450-Commissioner for any violation of this section and of sections 31-57s to 388
451-31-57v, inclusive, as amended by this act. [Employers may] Each 389
452-employer shall comply with the provisions of this section by (A) 390
453-displaying a poster in a conspicuous place, accessible to [service 391
454-workers] employees, at the employer's place of business that contains 392
455-the information required by this section in both English and Spanish, [. 393
456-The Labor Commissioner may adopt regulations, in accordance with 394
457-chapter 54, to establish additional requirements concerning the means 395
458-by which employers shall provide such notice. The Labor Commissioner 396
459-shall administer this section within available appropriations.] and (B) 397
460-providing written notice to each employee not later than January 1, 2025, 398
461-or at the time of hire, whichever is later. The Labor Commissioner shall 399
462-create a model of such poster and written notice and make such models 400
463-available to all employers on the Labor Department's Internet web site. 401
464-For employers that do not maintain a physical workplace or for 402
465-employees that telework or perform work through a web-based or 403
466-application-based platform, employers shall comply with the provisions 404
467-of this section by sending such information via electronic 405
468-communication or by a conspicuous posting of such information on a 406
469-web-based or application-based platform. 407 Substitute Bill No. 12
452+LCO No. 644 13 of 14
453+
454+or discriminated against. Any party aggrieved by the decision of the 370
455+commissioner may appeal the decision to the Superior Court in 371
456+accordance with the provisions of chapter 54. 372
457+(d) The Labor Commissioner shall administer this section within 373
458+available appropriations. 374
459+Sec. 6. Section 31-57w of the general statutes is repealed and the 375
460+following is substituted in lieu thereof (Effective October 1, 2024): 376
461+(a) Each employer subject to the provisions of section 31-57s, as 377
462+amended by this act, shall, at the time of hiring, provide notice to each 378
463+[service worker] employee (1) of the entitlement to sick leave for [service 379
464+workers] employees, the amount of sick leave provided to [service 380
465+workers] employees and the terms under which sick leave may be used, 381
466+(2) that retaliation by the employer against the [service worker] 382
467+employee for requesting or using sick leave for which the [service 383
468+worker] employee is eligible is prohibited, and (3) that the [service 384
469+worker] employee has a right to file a complaint with the Labor 385
470+Commissioner for any violation of this section and of sections 31-57s to 386
471+31-57v, inclusive, as amended by this act. [Employers may] Each 387
472+employer shall comply with the provisions of this section by (A) 388
473+displaying a poster in a conspicuous place, accessible to [service 389
474+workers] employees, at the employer's place of business that contains 390
475+the information required by this section in both English and Spanish, [. 391
476+The Labor Commissioner may adopt regulations, in accordance with 392
477+chapter 54, to establish additional requirements concerning the means 393
478+by which employers shall provide such notice. The Labor Commissioner 394
479+shall administer this section within available appropriations.] and (B) 395
480+providing written notice to each employee not later than January 1, 2025, 396
481+or at the time of hire, whichever is later. The Labor Commissioner shall 397
482+create a model of such poster and written notice and make such models 398
483+available to all employers on the Labor Department's Internet web site. 399
484+For employers that do not maintain a physical workplace or for 400
485+employees that telework or perform work through a web-based or 401
486+application-based platform, employers shall comply with the provisions 402 Governor's Bill No. 12
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474-(b) Each employer shall include in the record required under section 408
475-31-13a (1) the number of hours, if any, of paid sick leave accrued by or 409
476-provided to the employee, and (2) the number of hours, if any, of paid 410
477-sick leave used by the employee during the calendar year. Each 411
478-employer shall retain such records for a period of three years and shall 412
479-allow the Labor Commissioner, with appropriate notice and at a 413
480-mutually agreeable time, access to such record in order to monitor 414
481-compliance with the requirements of this section. Failure by an 415
482-employer to retain adequate records documenting hours worked by an 416
483-employee and paid sick leave used by such employee or to allow 417
484-reasonable access to such records shall be a violation of this subsection. 418
485-(c) The Labor Commissioner may adopt regulations, in accordance 419
486-with the provisions of chapter 54, to implement the provisions of this 420
487-section and sections 31-57s to 31-57v, inclusive, as amended by this act. 421
490+LCO No. 644 14 of 14
491+
492+of this section by sending such information via electronic 403
493+communication or by a conspicuous posting of such information on a 404
494+web-based or application-based platform. 405
495+(b) Each employer shall include in the record required under section 406
496+31-13a (1) the number of hours, if any, of paid sick leave accrued by or 407
497+provided to the employee, and (2) the number of hours, if any, of paid 408
498+sick leave used by the employee during the calendar year. Each 409
499+employer shall retain such records for a period of three years and shall 410
500+allow the Labor Commissioner, with appropriate notice and at a 411
501+mutually agreeable time, access to such record in order to monitor 412
502+compliance with the requirements of this section. Failure by an 413
503+employer to retain adequate records documenting hours worked by an 414
504+employee and paid sick leave used by such employee or to allow 415
505+reasonable access to such records shall be a violation of this subsection. 416
506+(c) The Labor Commissioner may adopt regulations, in accordance 417
507+with the provisions of chapter 54, to implement the provisions of this 418
508+section and sections 31-57s to 31-57v, inclusive, as amended by this act. 419
488509 This act shall take effect as follows and shall amend the following
489510 sections:
490511
491512 Section 1 October 1, 2024 31-57r
492513 Sec. 2 October 1, 2024 31-57s
493514 Sec. 3 October 1, 2024 31-57t
494515 Sec. 4 October 1, 2024 31-57u
495516 Sec. 5 October 1, 2024 31-57v
496517 Sec. 6 October 1, 2024 31-57w
497518
498-Statement of Legislative Commissioners:
499-The title was changed.
500-
501-LAB Joint Favorable Subst.
519+Statement of Purpose:
520+To implement the Governor's budget recommendations.
521+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
522+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
523+underlined.]
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