LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-R01-
SB.docx
1 of 17
General Assembly Substitute Bill No. 222
February Session, 2024
AN ACT CONCERNING CHANGES TO THE PAID FAMILY AND
MEDICAL LEAVE STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 31-49e of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2024): 2
As used in this section, [and] sections 31-49f to 31-49t, inclusive, as 3
amended by this act, and section 6 of this act: 4
(1) "Authority" means the Paid Family and Medical Leave Insurance 5
Authority established in section 31-49f. "Authority" does not mean an 6
appointing authority; 7
(2) "Base period" means the first four of the five most recently 8
completed quarters; 9
(3) "Base weekly earnings" means an amount equal to one twenty-10
sixth, rounded to the next lower dollar, of a covered employee's total 11
wages, as defined in subsection (b) of section 31-222 and self-12
employment income, as defined in 26 USC 1402(b), as amended from 13
time to time, earned during the two quarters of the covered employee's 14
base period in which such earnings were highest, provided self-15
employment income shall be included only if the recipient has enrolled 16 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
2 of 17
in the program pursuant to section 31-49m; 17
(4) "Covered employee" means an individual who has earned not less 18
than two thousand three hundred twenty-five dollars in subject 19
earnings during the employee's highest earning quarter within the base 20
period and (A) is presently employed by an employer, (B) has been 21
employed by an employer in the previous twelve weeks, or (C) is a self-22
employed individual or sole proprietor and Connecticut resident who 23
has enrolled in the program pursuant to section 31-49m; 24
(5) "Covered public employee" means an individual who is (A) 25
employed in state service, as defined in section 5-196, and who is not in 26
a bargaining unit established pursuant to sections 5-270 to 5-280, 27
inclusive, or (B) a member of a collective bargaining unit whose 28
exclusive collective bargaining agent negotiates inclusion in the 29
program, in accordance with chapter 68, sections 7-467 to 7-477, 30
inclusive, or sections 10-153a to 10-153n, inclusive. If a municipal 31
employer, as defined in section 7-467, or a local or regional board of 32
education negotiates inclusion in the program for members of a 33
collective bargaining unit, "covered public employee" also means an 34
individual who is employed by such municipal employer or local or 35
regional board of education and who is not in a bargaining unit 36
established under sections 7-467 to 7-477, inclusive, or sections 10-153a 37
to 10-153n, inclusive; 38
(6) "Employ" means to allow or permit to work; 39
(7) "Employee" means an individual engaged in service to an 40
employer in this state in the business of the employer; 41
(8) "Employer" means a person engaged in any activity, enterprise or 42
business or a federally recognized tribe that has entered into a 43
memorandum of understanding pursuant to section 6 of this act, who 44
employs one or more employees, and includes any person who acts, 45
directly or indirectly, in the interest of an employer to any of the 46
employees of such employer and any successor in interest of an 47 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
3 of 17
employer. "Employer" does not mean the federal government, the state 48
or a municipality, a local or regional board of education or a nonpublic 49
elementary or secondary school, except that the state, a municipal 50
employer or local or regional board of education is an employer with 51
respect to each of its covered public employees; 52
(9) "Family and medical leave compensation" or "compensation" 53
means the paid leave provided to covered employees from the Family 54
and Medical Leave Insurance Trust Fund; 55
(10) "Family and Medical Leave Insurance Authority Board" means 56
the board of directors established in section 31-49f; 57
(11) "Family and Medical Leave Insurance Program" or "program" 58
means the program established in section 31-49g, as amended by this 59
act; 60
(12) "Family and Medical Leave Insurance Trust Fund" or "trust" 61
means the trust fund established in section 31-49i; 62
(13) "Health care provider" has the same meaning as provided in 63
section 31-51kk, as amended by this act; 64
(14) "Municipality" has the same meaning as provided in section 7-65
245; 66
[(14)] (15) "Person" means one or more individuals, partnerships, 67
associations, corporations, limited liability companies, business trusts, 68
legal representatives or any organized group of persons; 69
[(15)] (16) "Serious health condition" has the same meaning as 70
provided in section 31-51kk, as amended by this act; and 71
[(16)] (17) "Subject earnings" means total wages, as defined in 72
subsection (b) of section 31-222 and self-employment income as defined 73
in 26 USC 1402(b), as amended from time to time, that shall not exceed 74
the Social Security contribution and benefit base, as determined 75 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
4 of 17
pursuant to 42 USC 430, as amended from time to time, provided self-76
employment income shall be included only if the recipient has enrolled 77
in the program pursuant to section 31-49m. 78
Sec. 2. Subsections (b) to (g), inclusive, of section 31-49g of the general 79
statutes are repealed and the following is substituted in lieu thereof 80
(Effective October 1, 2024): 81
(b) (1) Beginning on January 1, 2021, but not later than February 1, 82
2021, each employee and each self-employed individual or sole 83
proprietor who has enrolled in the program pursuant to section 31-49m 84
shall contribute a percentage of [his or her] such employee's or self-85
employed individual's or sole proprietor's subject earnings that shall not 86
exceed the Social Security contribution and benefit base, as determined 87
pursuant to 42 USC 430, as amended from time to time, to the Family 88
and Medical Leave Insurance Trust Fund. Such percentage shall be 89
established by the authority, provided that the percentage shall not 90
exceed one-half of one per cent. 91
(2) On September 1, 2022, and on each September first thereafter, the 92
authority shall publish the following information: (A) The total amount 93
of contributions collected and benefits paid during the previous fiscal 94
year, as well as the total amount required for the administration of the 95
Family and Medical Leave Insurance Program in such year; (B) the total 96
amount remaining in the trust fund at the close of such fiscal year; (C) 97
in light of such totals, and of expected future expenditures and 98
contributions, a target fund balance sufficient to ensure the ongoing 99
ability of the fund to pay the compensation described in subdivision (2) 100
of subsection (c) of this section, and to limit the need for contribution 101
rate increases or benefit reductions due to changing economic 102
conditions; (D) the amount by which the total amount remaining in the 103
trust fund at the close of the previous fiscal year is less than or greater 104
than that target fund balance. On November 1, 2022, and on each 105
November first thereafter, the authority may announce a revision to the 106
previously established contribution rate, provided the revised rate shall 107
not exceed one-half of one per cent and shall be sufficient to ensure that 108 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
5 of 17
the trust fund shall achieve and maintain such target fund balance. 109
Effective on January first of the calendar year following each such 110
announcement, the revised contribution rate announced by the 111
authority under this subsection shall supersede the previously 112
established contribution rate. 113
(3) Each employer making payment of any wages to an employee 114
shall deduct and withhold from such wages for each payroll period a 115
contribution computed in such manner as to result, so far as practicable, 116
in withholding from the employee's wages during each calendar year 117
an amount substantially equivalent to the contribution reasonably 118
estimated to be due from the employee under this subsection with 119
respect to the amount of such wages during the calendar year. 120
(4) If, after notice, an employee or employer or self-employed 121
individual or sole proprietor who has enrolled in the program pursuant 122
to section 31-49m fails to make a payment required by this section, a 123
state collection agency, as defined in section 12-35, shall collect such 124
contribution and interest by any means provided in sections 12-35, 31-125
265 and 31-266. 126
(5) Each employer making payment of any wages to an employee 127
shall (A) register with the authority, and (B) submit reports required by 128
the authority in a form and manner prescribed by the authority. 129
(6) Any employer that fails to comply with the provisions of this 130
subsection shall be subject to penalties established by the authority 131
pursuant to subsection (b) of section 31-49h. 132
(c) (1) Beginning on January 1, 2022, but not later than February 1, 133
2022, covered employees shall receive compensation under this section 134
for up to twelve weeks of leave in any twelve-month period taken for 135
one or more of the reasons listed in subdivision (2) of subsection (a) of 136
section 31-51ll or subsection (i) of said section or section 31-51ss, as 137
amended by this act, as well as for two additional weeks for a serious 138
health condition resulting in incapacitation that occurs during a 139 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
6 of 17
pregnancy, if such covered employee (A) provides notice to the 140
authority, and such covered employee's employer, if applicable, of the 141
need for such compensation in a form and manner prescribed by the 142
authority, and (B) upon the request of the authority, provides 143
certification of such covered employee's need for leave and therefore 144
compensation in the manner provided for in section 31-51mm to the 145
authority and such employer, if applicable. Covered employees who are 146
not currently employed or have enrolled in the program pursuant to 147
section 31-49m shall receive compensation in like circumstances. Should 148
the authority determine that it is administratively feasible and prudent, 149
the program may begin providing compensation for leave taken for 150
reasons listed in subparagraphs (A) and (B) of subdivision (2) of 151
subsection (a) of section 31-51ll prior to offering compensation for leave 152
taken for the other reasons listed in subdivision (2) of subsection (a) of 153
section 31-51ll or the reasons listed in subsection (i) of said section or 154
section 31-51ss, as amended by this act. 155
(2) The weekly compensation offered to covered employees shall be 156
equal to ninety-five per cent of the covered employee's base weekly 157
earnings up to an amount equal to forty times the minimum fair wage, 158
as defined in section 31-58, and sixty per cent of that covered employee's 159
base weekly earnings above an amount equal to forty times the 160
minimum fair wage, except that the total weekly compensation shall not 161
exceed an amount equal to sixty times the minimum fair wage. 162
Compensation shall be available on a prorated basis. 163
(3) Notwithstanding subdivision (2) of this subsection, if employee 164
contributions are the maximum percentage allowed and the authority 165
determines that employee contributions are not sufficient to ensure 166
solvency of the program, the authority shall reduce the benefit for 167
covered employees by the minimum amount necessary in order to 168
ensure the solvency of the program. 169
(4) If a covered [worker] employee elects to have income tax deducted 170
and withheld from [his or her] such covered employee's compensation, 171
the amount specified shall be deducted and withheld in a manner 172 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
7 of 17
consistent with state law. 173
(d) Notwithstanding subsection (g) of section 31-51ll, two spouses 174
employed by the same employer shall each be eligible for up to twelve 175
weeks of compensation under this section in any twelve-month period. 176
Such eligibility for compensation shall not increase their eligibility for 177
job-protected leave beyond the number of weeks specified in said 178
subsection. 179
(e) A covered employee may receive compensation under this section 180
for nonconsecutive hours of leave. 181
(f) A covered employee may receive compensation under this section 182
concurrently with any employer-provided employment benefits, 183
provided the total compensation of such covered employee during such 184
period of leave shall not exceed such covered employee's regular rate of 185
compensation. 186
(g) [No] (1) Except as otherwise provided in subdivision (2) of this 187
subsection, no covered employee shall receive compensation under this 188
section concurrently with income replacement compensation under 189
chapter 567 or 568 or any other state or federal program that provides 190
wage replacement. 191
(2) A covered employee may receive compensation under this section 192
concurrently with compensation received from the victim compensation 193
program administered by the Office of Victim Services within the 194
Judicial Department, provided the total compensation received by the 195
covered employee during the covered employee's period of leave shall 196
not exceed such covered employee's regular rate of compensation. 197
Sec. 3. Section 31-49n of the general statutes is repealed and the 198
following is substituted in lieu thereof (Effective October 1, 2024): 199
(a) The authority shall conduct a public education campaign to 200
inform individuals and employers regarding the Family and Medical 201
Leave Insurance Program. Such campaign shall include, but not be 202 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
8 of 17
limited to, information about the requirements for receiving family and 203
medical leave compensation, how to apply for such compensation and 204
the circumstances for which such compensation may be available. The 205
authority may use funds contributed to the Family and Medical Leave 206
Insurance Trust Fund for purposes of the public education campaign. 207
Information distributed or made available under the campaign shall be 208
available in English and Spanish and in any other language prescribed 209
by the authority. 210
(b) Not later than October 1, 2024, the authority shall develop or 211
approve an informational poster for display by health care providers. 212
Each health care provider shall display such poster in a clear and 213
conspicuous manner accessible to patients and caregivers. For purposes 214
of this subsection, "health care provider" has the same meaning as 215
provided in section 31-51kk, as amended by this act. 216
[(b)] (c) The authority shall ensure to the greatest extent practicable 217
that any web site, web-based form, application or digital service: (1) is 218
accessible to individuals with disabilities in accordance with WCAG2.0 219
AA or similar updated standard; (2) has a consistent appearance; (3) 220
contains a search function that allows users to easily search content 221
intended for public use; (4) is provided through an industry standard 222
secure connection; (5) is designed around user needs with data-driven 223
analysis influencing management and development decisions, using 224
qualitative and quantitative data to determine user goals, needs and 225
behaviors and continually test the web site, web-based form, web-based 226
application or digital service to ensure that user needs are addressed; (6) 227
provides users of the new or redesigned web site, web-based form, web-228
based application or digital service with the option for a more 229
customized digital experience that allows users to complete digital 230
transactions in an efficient and accurate manner; (7) is fully functional 231
and usable on common mobile devices; and (8) uses free and open-232
source tools when possible, such as open standards in accordance with 233
the US Web Design Standards built by the US General Services 234
Administration. 235 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
9 of 17
Sec. 4. Section 31-49r of the general statutes is repealed and the 236
following is substituted in lieu thereof (Effective October 1, 2024): 237
(a) Any individual participating in the program who wilfully makes 238
a false statement or misrepresentation regarding a material fact, or 239
wilfully fails to report a material fact, to obtain family and medical leave 240
compensation shall be disqualified from receiving any compensation 241
under the program for two years after making such false statement or 242
misrepresentation or failing to report such material fact. 243
(b) If family and medical leave compensation is paid to a covered 244
employee erroneously or as a result of wilful misrepresentation by such 245
employee, or if a claim for family and medical leave compensation is 246
rejected after compensation is paid, the authority may seek repayment 247
of benefits from the employee having received such compensation. [and 248
may also, in] In the case of wilful misrepresentation [,] or an attempted 249
wilful misrepresentation, the authority may seek payment of a penalty 250
in the amount of fifty per cent of the benefits applied for or paid as a 251
result of such misrepresentation. The authority may waive, in whole or 252
in part, the amount of any such payments if the recovery would be 253
against equity and good conscience. 254
(c) If family and medical leave compensation is paid as a result of 255
wilful misrepresentation by any health care provider, the authority shall 256
notify the Labor Commissioner and may seek payment of a penalty 257
from such health care provider in the amount of three hundred per cent 258
of the benefits paid as a result of such misrepresentation. The authority 259
may waive, in whole or in part, the amount of any such payments where 260
the recovery would be against equity and good conscience. 261
(d) Any person, including an employer, who intentionally aids, abets, 262
assists, promotes or facilitates the making of, or the attempt to make, 263
any claim for benefits or the receipt or attempted receipt of benefits by 264
another person in violation of subsection (b) of this section shall be liable 265
for the same financial penalty as the person making or attempting to 266
make the claim or receiving or attempting to receive the benefits. 267 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
10 of 17
(e) A health care provider shall complete a timely medical 268
certification of a patient's serious medical condition at the request of the 269
patient. No health care provider shall charge a patient a fee for such 270
service. 271
(f) Any person who has received a greater amount of benefits than 272
was due to such person under sections 31-49e to 31-49t, inclusive, as 273
amended by this act, shall be charged by the authority with an 274
overpayment of a sum equal to the amount overpaid to such person and 275
shall pay such sum to the authority in accordance with a repayment 276
schedule as determined by the authority. Any person who fails to make 277
payments in accordance with such schedule shall be subject to interest 278
at a rate of one per cent of the amount owed per month. If a person fails 279
to repay according to the schedule established, the authority may 280
recover such amount owed plus any accrued interest through a wage 281
execution in accordance with the provisions of section 52-361a and the 282
authority may request the Commissioner of Administrative Services to 283
seek reimbursement for such amount pursuant to section 12-742. 284
(g) Any person who has been assessed a penalty by the authority 285
under sections 31-49e to 31-49t, inclusive, as amended by this act, shall 286
pay such penalty to the authority in accordance with a payment 287
schedule as determined by the authority. Any person who fails to make 288
payments in accordance with such payment schedule shall be subject to 289
interest at a rate of one per cent of the amount owed per month. If a 290
person fails to repay according to the schedule, the authority may 291
recover such amount owed plus interest through a wage execution in 292
accordance with the provisions of section 52-361a. In addition, the 293
authority may request the Commissioner of Administrative Services to 294
seek reimbursement for such amount pursuant to section 12-742. 295
Sec. 5. Section 31-49t of the general statutes is repealed and the 296
following is substituted in lieu thereof (Effective from passage): 297
Not later than [July 1, 2022] September 1, 2024, and annually 298
thereafter, the authority shall report, in accordance with section 11-4a of 299 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
11 of 17
the general statutes, to the Office of Policy and Management and to the 300
joint standing committees of the General Assembly having cognizance 301
of matters relating to appropriations and the budgets of state agencies 302
and labor, on (1) the projected and actual participation in the program, 303
(2) the balance of the trust, (3) the reasons claimants are receiving family 304
and medical leave compensation, (4) the success of outreach and 305
education efforts, (5) demographic information of claimants, including 306
gender, age, town of residence and income level, and (6) the total 307
number of claims made and claims denied. 308
Sec. 6. (NEW) (Effective October 1, 2024) Notwithstanding the 309
provisions of section 3-6c of the general statutes, the Governor, in 310
consultation with the authority, may enter into a memorandum of 311
understanding with any federally recognized tribe located within the 312
state to authorize employees of both the tribe and any tribally owned 313
business to participate in the Family and Medical Leave Insurance 314
Program. Any such participation in the program shall be governed 315
solely by the terms of any memorandum of understanding entered into 316
pursuant to this section. 317
Sec. 7. Section 31-51kk of the general statutes is repealed and the 318
following is substituted in lieu thereof (Effective October 1, 2024): 319
As used in sections 31-51kk to 31-51qq, inclusive, as amended by this 320
act: 321
(1) "Eligible employee" means an employee who has been employed 322
for at least three months immediately preceding his or her request for 323
leave by the employer with respect to whom leave is requested; 324
(2) "Employ" includes to allow or permit to work; 325
(3) "Employee" means any person engaged in service to an employer 326
in this state in the business of the employer; 327
(4) "Employer" means a person engaged in any activity, enterprise or 328
business who employs one or more employees, and includes any person 329 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
12 of 17
who acts, directly or indirectly, in the interest of an employer to any of 330
the employees of such employer and any successor in interest of an 331
employer. "Employer" does not include a municipality, a local or 332
regional board of education, or a nonpublic elementary or secondary 333
school; 334
(5) "Employment benefits" means all benefits provided or made 335
available to employees by an employer, including group life insurance, 336
health insurance, disability insurance, sick leave, annual leave, 337
educational benefits and pensions, regardless of whether such benefits 338
are provided by practice or written policy of an employer or through an 339
"employee benefit plan", as defined in Section 1002(3) of Title 29 of the 340
United States Code; 341
(6) "Family member" means a spouse, sibling, son or daughter, 342
grandparent, grandchild or parent, or an individual related to the 343
employee by blood or affinity whose close association the employee 344
shows to be the equivalent of those family relationships; 345
(7) "Grandchild" means a grandchild related to a person by (A) blood, 346
(B) marriage, (C) adoption by a child of the grandparent, or (D) foster 347
care by a child of the grandparent; 348
(8) "Grandparent" means a grandparent related to a person by (A) 349
blood, (B) marriage, (C) adoption of a minor child by a child of the 350
grandparent, or (D) foster care by a child of the grandparent; 351
(9) "Health care provider" means (A) a doctor of medicine or 352
osteopathy who is authorized to practice medicine or surgery by the 353
state in which the doctor practices; (B) a podiatrist, dentist, psychologist, 354
optometrist or chiropractor authorized to practice by the state in which 355
such person practices and performs within the scope of the authorized 356
practice; (C) an advanced practice registered nurse, nurse practitioner, 357
nurse midwife or clinical social worker authorized to practice by the 358
state in which such person practices and performs within the scope of 359
the authorized practice; (D) Christian Science practitioners listed with 360 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
13 of 17
the First Church of Christ, Scientist in Boston, Massachusetts; (E) any 361
health care provider from whom an employer or a group health plan's 362
benefits manager will accept certification of the existence of a serious 363
health condition to substantiate a claim for benefits; (F) a health care 364
provider as defined in subparagraphs (A) to (E), inclusive, of this 365
subdivision who practices in a country other than the United States, who 366
is licensed to practice in accordance with the laws and regulations of 367
that country; or (G) such other health care provider as the Labor 368
Commissioner determines, performing within the scope of the 369
authorized practice. The commissioner may utilize any determinations 370
made pursuant to chapter 568; 371
(10) "Municipality" has the same meaning as provided in section 7-372
245; 373
[(10)] (11) "Parent" means a biological parent, foster parent, adoptive 374
parent, stepparent, parent-in-law or legal guardian of an eligible 375
employee or an eligible employee's spouse, an individual standing in 376
loco parentis to an eligible employee, or an individual who stood in loco 377
parentis to the eligible employee when the employee was a child; 378
[(11)] (12) "Person" means one or more individuals, partnerships, 379
associations, corporations, business trusts, legal representatives or 380
organized groups of persons; 381
[(12)] (13) "Reduced leave schedule" means a leave schedule that 382
reduces the usual number of hours per workweek, or hours per 383
workday, of an employee; 384
[(13)] (14) "Serious health condition" means an illness, injury, 385
impairment, or physical or mental condition that involves (A) inpatient 386
care in a hospital, hospice, nursing home or residential medical care 387
facility; or (B) continuing treatment, including outpatient treatment, by 388
a health care provider; 389
[(14)] (15) "Sibling" means a brother or sister related to a person by 390
(A) blood, (B) marriage, (C) adoption by a parent of the person, or (D) 391 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
14 of 17
foster care placement; 392
[(15)] (16) "Son or daughter" means a biological, adopted or foster 393
child, stepchild, legal ward, or, in the alternative, a child of a person 394
standing in loco parentis, or an individual to whom the employee stood 395
in loco parentis when the individual was a child; and 396
[(16)] (17) "Spouse" means a person to whom one is legally married. 397
Sec. 8. Section 31-51ss of the general statutes is repealed and the 398
following is substituted in lieu thereof (Effective October 1, 2024): 399
(a) For the purposes of this section: 400
(1) "Employer" means a person engaged in business who has three or 401
more employees, including the state and any political subdivision of the 402
state; 403
(2) "Employee" means any person engaged in service to an employer 404
in the business of the employer; 405
(3) "Family violence" [means family violence, as defined] has the 406
same meaning as provided in section 46b-38a; [and] 407
(4) "Leave" includes paid or unpaid leave which may include, but is 408
not limited to, compensatory time, vacation time, personal days off or 409
other time off; and 410
(5) "Sexual assault" has the same meaning as provided in section 31-411
57r. 412
(b) If an employee is a victim of family violence or sexual assault, an 413
employer shall permit the employee to take paid or unpaid leave during 414
any calendar year in which such leave is reasonably necessary (1) to seek 415
medical care or psychological or other counseling for physical or 416
psychological injury or disability for the victim, (2) to obtain services 417
from a victim services organization on behalf of the victim, (3) to 418
relocate due to such family violence or sexual assault, or (4) to 419 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
15 of 17
participate in any civil or criminal proceeding related to or resulting 420
from such family violence or sexual assault. An employer may limit 421
unpaid leave under this section to twelve days during any calendar 422
year. Leave under this section shall not affect any other leave provided 423
under state or federal law. 424
(c) If an employee's need to use leave under this section is foreseeable, 425
an employer may require advance notice, not to exceed seven days prior 426
to the date such leave is to begin, of the intention to use such leave. If an 427
employee's need for such leave is not foreseeable, an employer may 428
require an employee to give notice of such intention as soon as 429
practicable. 430
(d) Upon an employer's request, an employee who takes leave 431
pursuant to this section shall provide the employer a signed written 432
statement certifying that the leave is for a purpose authorized under this 433
section. The employer may also, but need not, request that the employee 434
provide a police or court record related to the family violence or sexual 435
assault or a signed written statement that the employee is a victim of 436
family violence or sexual assault, provided such statement is from an 437
employee or agent of a victim services organization, an attorney, an 438
employee of the [Judicial Branch's Office of Victim Services] Office of 439
Victim Services within the Judicial Department or the Office of the 440
Victim Advocate, or a licensed medical professional or other licensed 441
professional from whom the employee has sought assistance with 442
respect to the family violence or sexual assault. 443
(e) Nothing in this section shall be construed to (1) prevent employers 444
from providing more leave than is required under this section, (2) 445
diminish any rights provided to any employee under the terms of the 446
employee's employment or a collective bargaining agreement, or (3) 447
preempt or override the terms of any collective bargaining agreement 448
effective prior to October 1, 2010. 449
(f) Nothing in this section shall be construed to require an employer 450
to provide paid leave under this section if (1) the employee is not 451 Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
16 of 17
entitled to paid leave pursuant to the terms and conditions of the 452
employee's employment, or (2) such paid leave exceeds the maximum 453
amount of leave due the employee during any calendar year, provided 454
the employee shall be entitled to unpaid leave under this section if paid 455
leave is exhausted or not provided. 456
(g) Any written statement or police or court record provided to an 457
employer pursuant to subsection (d) of this section shall be maintained 458
as confidential by the employer and shall not be further disclosed by the 459
employer except as required by federal or state law or as necessary to 460
protect the employee's safety in the workplace, provided the employee 461
is given notice prior to the disclosure. 462
(h) If an employer discharges, penalizes or threatens or otherwise 463
coerces an employee in violation of this section, the employee, not later 464
than one hundred eighty days from the occurrence of such action, may 465
bring a civil action for damages and for an order requiring the 466
employee's reinstatement or otherwise rescinding such action. If the 467
employee prevails, the employee shall be allowed a reasonable 468
attorney's fee to be fixed by the court. 469
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 31-49e
Sec. 2 October 1, 2024 31-49g(b) to (g)
Sec. 3 October 1, 2024 31-49n
Sec. 4 October 1, 2024 31-49r
Sec. 5 from passage 31-49t
Sec. 6 October 1, 2024 New section
Sec. 7 October 1, 2024 31-51kk
Sec. 8 October 1, 2024 31-51ss
Statement of Legislative Commissioners:
In Section 2(b)(5)(B), "required" was changed to "prescribed" for
consistency with standard drafting conventions, in Section 4(b),
"misrepresentation" was changed to "wilful misrepresentation" for Substitute Bill No. 222
LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2024SB-00222-
R01-SB.docx }
17 of 17
consistency, and in Sections 4(f) and (g) references to "owed amount"
were changed to "amount owed" for clarity.
LAB Joint Favorable Subst.