Substitute Senate Bill No. 222
Public Act No. 24-5
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 Section 31-49e of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
As used in this section, [and] sections 31-49f to 31-49t, inclusive, as
amended by this act, and section 6 of this act:
(1) "Authority" means the Paid Family and Medical Leave Insurance
Authority established in section 31-49f. "Authority" does not mean an
appointing authority;
(2) "Base period" means the first four of the five most recently
completed quarters;
(3) "Base weekly earnings" means an amount equal to one twenty-
sixth, rounded to the next lower dollar, of a covered employee's total
wages, as defined in subsection (b) of section 31-222 and self-
employment income, as defined in 26 USC 1402(b), as amended from
time to time, earned during the two quarters of the covered employee's
base period in which such earnings were highest, provided self-
employment income shall be included only if the recipient has enrolled Substitute Senate Bill No. 222
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in the program pursuant to section 31-49m;
(4) "Covered employee" means an individual who has earned not less
than two thousand three hundred twenty-five dollars in subject
earnings during the employee's highest earning quarter within the base
period and (A) is presently employed by an employer, (B) has been
employed by an employer in the previous twelve weeks, or (C) is a self-
employed individual or sole proprietor and Connecticut resident who
has enrolled in the program pursuant to section 31-49m;
(5) "Covered public employee" means an individual who is (A)
employed in state service, as defined in section 5-196, and who is not in
a bargaining unit established pursuant to sections 5-270 to 5-280,
inclusive, or (B) a member of a collective bargaining unit whose
exclusive collective bargaining agent negotiates inclusion in the
program, in accordance with chapter 68, sections 7-467 to 7-477,
inclusive, or sections 10-153a to 10-153n, inclusive. If a municipal
employer, as defined in section 7-467, or a local or regional board of
education negotiates inclusion in the program for members of a
collective bargaining unit, "covered public employee" also means an
individual who is employed by such municipal employer or local or
regional board of education and who is not in a bargaining unit
established under sections 7-467 to 7-477, inclusive, or sections 10-153a
to 10-153n, inclusive;
(6) "Employ" means to allow or permit to work;
(7) "Employee" means an individual engaged in service to an
employer in this state in the business of the employer;
(8) "Employer" means a person engaged in any activity, enterprise or
business or a federally recognized tribe that has entered into a
memorandum of understanding pursuant to section 6 of this act, who
employs one or more employees, and includes any person who acts, Substitute Senate Bill No. 222
Public Act No. 24-5 3 of 17
directly or indirectly, in the interest of an employer to any of the
employees of such employer and any successor in interest of an
employer. "Employer" does not mean the federal government, the state
or a municipality, a local or regional board of education or a nonpublic
elementary or secondary school, except that the state, a municipal
employer or local or regional board of education is an employer with
respect to each of its covered public employees;
(9) "Family and medical leave compensation" or "compensation"
means the paid leave provided to covered employees from the Family
and Medical Leave Insurance Trust Fund;
(10) "Family and Medical Leave Insurance Authority Board" means
the board of directors established in section 31-49f;
(11) "Family and Medical Leave Insurance Program" or "program"
means the program established in section 31-49g, as amended by this
act;
(12) "Family and Medical Leave Insurance Trust Fund" or "trust"
means the trust fund established in section 31-49i;
(13) "Health care provider" has the same meaning as provided in
section 31-51kk, as amended by this act;
(14) "Municipality" has the same meaning as provided in section 7-
245;
[(14)] (15) "Person" means one or more individuals, partnerships,
associations, corporations, limited liability companies, business trusts,
legal representatives or any organized group of persons;
[(15)] (16) "Serious health condition" has the same meaning as
provided in section 31-51kk, as amended by this act; and
[(16)] (17) "Subject earnings" means total wages, as defined in Substitute Senate Bill No. 222
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subsection (b) of section 31-222 and self-employment income as defined
in 26 USC 1402(b), as amended from time to time, that shall not exceed
the Social Security contribution and benefit base, as determined
pursuant to 42 USC 430, as amended from time to time, provided self-
employment income shall be included only if the recipient has enrolled
in the program pursuant to section 31-49m.
Sec. 2. Subsections (b) to (g), inclusive, of section 31-49g of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2024):
(b) (1) Beginning on January 1, 2021, but not later than February 1,
2021, each employee and each self-employed individual or sole
proprietor who has enrolled in the program pursuant to section 31-49m
shall contribute a percentage of [his or her] such employee's or self-
employed individual's or sole proprietor's subject earnings that shall not
exceed the Social Security contribution and benefit base, as determined
pursuant to 42 USC 430, as amended from time to time, to the Family
and Medical Leave Insurance Trust Fund. Such percentage shall be
established by the authority, provided that the percentage shall not
exceed one-half of one per cent.
(2) On September 1, 2022, and on each September first thereafter, the
authority shall publish the following information: (A) The total amount
of contributions collected and benefits paid during the previous fiscal
year, as well as the total amount required for the administration of the
Family and Medical Leave Insurance Program in such year; (B) the total
amount remaining in the trust fund at the close of such fiscal year; (C)
in light of such totals, and of expected future expenditures and
contributions, a target fund balance sufficient to ensure the ongoing
ability of the fund to pay the compensation described in subdivision (2)
of subsection (c) of this section, and to limit the need for contribution
rate increases or benefit reductions due to changing economic
conditions; (D) the amount by which the total amount remaining in the Substitute Senate Bill No. 222
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trust fund at the close of the previous fiscal year is less than or greater
than that target fund balance. On November 1, 2022, and on each
November first thereafter, the authority may announce a revision to the
previously established contribution rate, provided the revised rate shall
not exceed one-half of one per cent and shall be sufficient to ensure that
the trust fund shall achieve and maintain such target fund balance.
Effective on January first of the calendar year following each such
announcement, the revised contribution rate announced by the
authority under this subsection shall supersede the previously
established contribution rate.
(3) Each employer making payment of any wages to an employee
shall deduct and withhold from such wages for each payroll period a
contribution computed in such manner as to result, so far as practicable,
in withholding from the employee's wages during each calendar year
an amount substantially equivalent to the contribution reasonably
estimated to be due from the employee under this subsection with
respect to the amount of such wages during the calendar year.
(4) If, after notice, an employee or employer or self-employed
individual or sole proprietor who has enrolled in the program pursuant
to section 31-49m fails to make a payment required by this section, a
state collection agency, as defined in section 12-35, shall collect such
contribution and interest by any means provided in sections 12-35, 31-
265 and 31-266.
(5) Each employer making payment of any wages to an employee
shall (A) register with the authority, and (B) submit reports required by
the authority in a form and manner prescribed by the authority.
(6) Any employer that fails to comply with the provisions of this
subsection shall be subject to penalties established by the authority
pursuant to subsection (b) of section 31-49h. Substitute Senate Bill No. 222
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(c) (1) Beginning on January 1, 2022, but not later than February 1,
2022, covered employees shall receive compensation under this section
for up to twelve weeks of leave in any twelve-month period taken for
one or more of the reasons listed in subdivision (2) of subsection (a) of
section 31-51ll or subsection (i) of said section or section 31-51ss, as
amended by this act, as well as for two additional weeks for a serious
health condition resulting in incapacitation that occurs during a
pregnancy, if such covered employee (A) provides notice to the
authority, and such covered employee's employer, if applicable, of the
need for such compensation in a form and manner prescribed by the
authority, and (B) upon the request of the authority, provides
certification of such covered employee's need for leave and therefore
compensation in the manner provided for in section 31-51mm to the
authority and such employer, if applicable. Covered employees who are
not currently employed or have enrolled in the program pursuant to
section 31-49m shall receive compensation in like circumstances. Should
the authority determine that it is administratively feasible and prudent,
the program may begin providing compensation for leave taken for
reasons listed in subparagraphs (A) and (B) of subdivision (2) of
subsection (a) of section 31-51ll prior to offering compensation for leave
taken for the other reasons listed in subdivision (2) of subsection (a) of
section 31-51ll or the reasons listed in subsection (i) of said section or
section 31-51ss, as amended by this act.
(2) The weekly compensation offered to covered employees shall be
equal to ninety-five per cent of the covered employee's base weekly
earnings up to an amount equal to forty times the minimum fair wage,
as defined in section 31-58, and sixty per cent of that covered employee's
base weekly earnings above an amount equal to forty times the
minimum fair wage, except that the total weekly compensation shall not
exceed an amount equal to sixty times the minimum fair wage.
Compensation shall be available on a prorated basis. Substitute Senate Bill No. 222
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(3) Notwithstanding subdivision (2) of this subsection, if employee
contributions are the maximum percentage allowed and the authority
determines that employee contributions are not sufficient to ensure
solvency of the program, the authority shall reduce the benefit for
covered employees by the minimum amount necessary in order to
ensure the solvency of the program.
(4) If a covered [worker] employee elects to have income tax deducted
and withheld from [his or her] such covered employee's compensation,
the amount specified shall be deducted and withheld in a manner
consistent with state law.
(d) Notwithstanding subsection (g) of section 31-51ll, two spouses
employed by the same employer shall each be eligible for up to twelve
weeks of compensation under this section in any twelve-month period.
Such eligibility for compensation shall not increase their eligibility for
job-protected leave beyond the number of weeks specified in said
subsection.
(e) A covered employee may receive compensation under this section
for nonconsecutive hours of leave.
(f) A covered employee may receive compensation under this section
concurrently with any employer-provided employment benefits,
provided the total compensation of such covered employee during such
period of leave shall not exceed such covered employee's regular rate of
compensation.
(g) [No] (1) Except as otherwise provided in subdivision (2) of this
subsection, no covered employee shall receive compensation under this
section concurrently with income replacement compensation under
chapter 567 or 568 or any other state or federal program that provides
wage replacement.
(2) A covered employee may receive compensation under this section Substitute Senate Bill No. 222
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concurrently with compensation received from the victim compensation
program administered by the Office of Victim Services within the
Judicial Department, provided the total compensation received by the
covered employee during the covered employee's period of leave shall
not exceed such covered employee's regular rate of compensation.
Sec. 3. Section 31-49n of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) The authority shall conduct a public education campaign to
inform individuals and employers regarding the Family and Medical
Leave Insurance Program. Such campaign shall include, but not be
limited to, information about the requirements for receiving family and
medical leave compensation, how to apply for such compensation and
the circumstances for which such compensation may be available. The
authority may use funds contributed to the Family and Medical Leave
Insurance Trust Fund for purposes of the public education campaign.
Information distributed or made available under the campaign shall be
available in English and Spanish and in any other language prescribed
by the authority.
(b) Not later than October 1, 2024, the authority shall develop or
approve an informational poster for display by health care providers.
Each health care provider shall display such poster in a clear and
conspicuous manner accessible to patients and caregivers. For purposes
of this subsection, "health care provider" has the same meaning as
provided in section 31-51kk, as amended by this act.
[(b)] (c) The authority shall ensure to the greatest extent practicable
that any web site, web-based form, application or digital service: (1) is
accessible to individuals with disabilities in accordance with WCAG2.0
AA or similar updated standard; (2) has a consistent appearance; (3)
contains a search function that allows users to easily search content
intended for public use; (4) is provided through an industry standard Substitute Senate Bill No. 222
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secure connection; (5) is designed around user needs with data-driven
analysis influencing management and development decisions, using
qualitative and quantitative data to determine user goals, needs and
behaviors and continually test the web site, web-based form, web-based
application or digital service to ensure that user needs are addressed; (6)
provides users of the new or redesigned web site, web-based form, web-
based application or digital service with the option for a more
customized digital experience that allows users to complete digital
transactions in an efficient and accurate manner; (7) is fully functional
and usable on common mobile devices; and (8) uses free and open-
source tools when possible, such as open standards in accordance with
the US Web Design Standards built by the US General Services
Administration.
Sec. 4. Section 31-49r of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) Any individual participating in the program who wilfully makes
a false statement or misrepresentation regarding a material fact, or
wilfully fails to report a material fact, to obtain family and medical leave
compensation shall be disqualified from receiving any compensation
under the program for two years after making such false statement or
misrepresentation or failing to report such material fact.
(b) If family and medical leave compensation is paid to a covered
employee erroneously or as a result of wilful misrepresentation by such
employee, or if a claim for family and medical leave compensation is
rejected after compensation is paid, the authority may seek repayment
of benefits from the employee having received such compensation. [and
may also, in] In the case of wilful misrepresentation, the authority may
seek payment of a penalty in the amount of fifty per cent of the benefits
paid as a result of such misrepresentation. The authority may waive, in
whole or in part, the amount of any such payments if the recovery
would be against equity and good conscience. Substitute Senate Bill No. 222
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(c) If family and medical leave compensation is paid as a result of
wilful misrepresentation by any health care provider, the authority shall
notify the Labor Commissioner and may seek payment of a penalty
from such health care provider in the amount of three hundred per cent
of the benefits paid as a result of such misrepresentation. The authority
may waive, in whole or in part, the amount of any such payments where
the recovery would be against equity and good conscience.
(d) Any person, including an employer, who intentionally aids, abets,
assists, promotes or facilitates the making of, or the attempt to make,
any claim for benefits or the receipt or attempted receipt of benefits by
another person in violation of subsection (b) of this section shall be liable
for the same financial penalty as the person making or attempting to
make the claim or receiving or attempting to receive the benefits.
(e) A health care provider shall complete a timely medical
certification of a patient's serious medical condition at the request of the
patient. No health care provider shall charge a patient a fee for such
service.
(f) Any person who has received a greater amount of benefits than
was due to such person under sections 31-49e to 31-49t, inclusive, as
amended by this act, shall be charged by the authority with an
overpayment of a sum equal to the amount overpaid to such person and
shall pay such sum to the authority in accordance with a repayment
schedule as determined by the authority. Any person who fails to make
payments in accordance with such schedule shall be subject to interest
at a rate of one per cent of the amount owed per month. If a person fails
to repay according to the schedule established, the authority may
request the Commissioner of Administrative Services to seek
reimbursement for such amount owed plus interest pursuant to section
12-742.
(g) Any person who has been assessed a penalty by the authority Substitute Senate Bill No. 222
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under sections 31-49e to 31-49t, inclusive, as amended by this act, shall
pay such penalty to the authority in accordance with a payment
schedule as determined by the authority. Any person who fails to make
payments in accordance with such payment schedule shall be subject to
interest at a rate of one per cent of the amount owed per month. If a
person fails to repay according to the schedule, the authority may
request the Commissioner of Administrative Services to seek
reimbursement for such amount owed plus interest pursuant to section
12-742.
Sec. 5. Section 31-49t of the general statutes is repealed and the
following is substituted in lieu thereof (Effective from passage):
Not later than [July 1, 2022] September 1, 2024, and annually
thereafter, the authority shall report, in accordance with section 11-4a of
the general statutes, to the Office of Policy and Management and to the
joint standing committees of the General Assembly having cognizance
of matters relating to appropriations and the budgets of state agencies
and labor, on (1) the projected and actual participation in the program,
(2) the balance of the trust, (3) the reasons claimants are receiving family
and medical leave compensation, (4) the success of outreach and
education efforts, (5) demographic information of claimants, including
gender, age, town of residence and income level, and (6) the total
number of claims made and claims denied.
Sec. 6. (NEW) (Effective October 1, 2024) Notwithstanding the
provisions of section 3-6c of the general statutes, the Governor, in
consultation with the authority, may enter into a memorandum of
understanding with any federally recognized tribe located within the
state to authorize employees of both the tribe and any tribally owned
business to participate in the Family and Medical Leave Insurance
Program. Any such participation in the program shall be governed
solely by the terms of any memorandum of understanding entered into
pursuant to this section. Substitute Senate Bill No. 222
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Sec. 7. Section 31-51kk of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
As used in sections 31-51kk to 31-51qq, inclusive, as amended by this
act:
(1) "Eligible employee" means an employee who has been employed
for at least three months immediately preceding his or her request for
leave by the employer with respect to whom leave is requested;
(2) "Employ" includes to allow or permit to work;
(3) "Employee" means any person engaged in service to an employer
in this state in the business of the employer;
(4) "Employer" means a person engaged in any activity, enterprise or
business who employs one or more employees, and includes any person
who acts, directly or indirectly, in the interest of an employer to any of
the employees of such employer and any successor in interest of an
employer. "Employer" does not include a municipality, a local or
regional board of education, or a nonpublic elementary or secondary
school;
(5) "Employment benefits" means all benefits provided or made
available to employees by an employer, including group life insurance,
health insurance, disability insurance, sick leave, annual leave,
educational benefits and pensions, regardless of whether such benefits
are provided by practice or written policy of an employer or through an
"employee benefit plan", as defined in Section 1002(3) of Title 29 of the
United States Code;
(6) "Family member" means a spouse, sibling, son or daughter,
grandparent, grandchild or parent, or an individual related to the
employee by blood or affinity whose close association the employee
shows to be the equivalent of those family relationships; Substitute Senate Bill No. 222
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(7) "Grandchild" means a grandchild related to a person by (A) blood,
(B) marriage, (C) adoption by a child of the grandparent, or (D) foster
care by a child of the grandparent;
(8) "Grandparent" means a grandparent related to a person by (A)
blood, (B) marriage, (C) adoption of a minor child by a child of the
grandparent, or (D) foster care by a child of the grandparent;
(9) "Health care provider" means (A) a doctor of medicine or
osteopathy who is authorized to practice medicine or surgery by the
state in which the doctor practices; (B) a podiatrist, dentist, psychologist,
optometrist or chiropractor authorized to practice by the state in which
such person practices and performs within the scope of the authorized
practice; (C) an advanced practice registered nurse, nurse practitioner,
nurse midwife or clinical social worker authorized to practice by the
state in which such person practices and performs within the scope of
the authorized practice; (D) Christian Science practitioners listed with
the First Church of Christ, Scientist in Boston, Massachusetts; (E) any
health care provider from whom an employer or a group health plan's
benefits manager will accept certification of the existence of a serious
health condition to substantiate a claim for benefits; (F) a health care
provider as defined in subparagraphs (A) to (E), inclusive, of this
subdivision who practices in a country other than the United States, who
is licensed to practice in accordance with the laws and regulations of
that country; or (G) such other health care provider as the Labor
Commissioner determines, performing within the scope of the
authorized practice. The commissioner may utilize any determinations
made pursuant to chapter 568;
(10) "Municipality" has the same meaning as provided in section 7-
245;
[(10)] (11) "Parent" means a biological parent, foster parent, adoptive
parent, stepparent, parent-in-law or legal guardian of an eligible Substitute Senate Bill No. 222
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employee or an eligible employee's spouse, an individual standing in
loco parentis to an eligible employee, or an individual who stood in loco
parentis to the eligible employee when the employee was a child;
[(11)] (12) "Person" means one or more individuals, partnerships,
associations, corporations, business trusts, legal representatives or
organized groups of persons;
[(12)] (13) "Reduced leave schedule" means a leave schedule that
reduces the usual number of hours per workweek, or hours per
workday, of an employee;
[(13)] (14) "Serious health condition" means an illness, injury,
impairment, or physical or mental condition that involves (A) inpatient
care in a hospital, hospice, nursing home or residential medical care
facility; or (B) continuing treatment, including outpatient treatment, by
a health care provider;
[(14)] (15) "Sibling" means a brother or sister related to a person by
(A) blood, (B) marriage, (C) adoption by a parent of the person, or (D)
foster care placement;
[(15)] (16) "Son or daughter" means a biological, adopted or foster
child, stepchild, legal ward, or, in the alternative, a child of a person
standing in loco parentis, or an individual to whom the employee stood
in loco parentis when the individual was a child; and
[(16)] (17) "Spouse" means a person to whom one is legally married.
Sec. 8. Section 31-51ss of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2024):
(a) For the purposes of this section:
(1) "Employer" means a person engaged in business who has three or
more employees, including the state and any political subdivision of the Substitute Senate Bill No. 222
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state;
(2) "Employee" means any person engaged in service to an employer
in the business of the employer;
(3) "Family violence" [means family violence, as defined] has the
same meaning as provided in section 46b-38a; [and]
(4) "Leave" includes paid or unpaid leave which may include, but is
not limited to, compensatory time, vacation time, personal days off or
other time off; and
(5) "Sexual assault" has the same meaning as provided in section 31-
57r.
(b) If an employee is a victim of family violence or sexual assault, an
employer shall permit the employee to take paid or unpaid leave during
any calendar year in which such leave is reasonably necessary (1) to seek
medical care or psychological or other counseling for physical or
psychological injury or disability for the victim, (2) to obtain services
from a victim services organization on behalf of the victim, (3) to
relocate due to such family violence or sexual assault, or (4) to
participate in any civil or criminal proceeding related to or resulting
from such family violence or sexual assault. An employer may limit
unpaid leave under this section to twelve days during any calendar
year. Leave under this section shall not affect any other leave provided
under state or federal law.
(c) If an employee's need to use leave under this section is foreseeable,
an employer may require advance notice, not to exceed seven days prior
to the date such leave is to begin, of the intention to use such leave. If an
employee's need for such leave is not foreseeable, an employer may
require an employee to give notice of such intention as soon as
practicable. Substitute Senate Bill No. 222
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(d) Upon an employer's request, an employee who takes leave
pursuant to this section shall provide the employer a signed written
statement certifying that the leave is for a purpose authorized under this
section. The employer may also, but need not, request that the employee
provide a police or court record related to the family violence or sexual
assault or a signed written statement that the employee is a victim of
family violence or sexual assault, provided such statement is from an
employee or agent of a victim services organization, an attorney, an
employee of the [Judicial Branch's Office of Victim Services] Office of
Victim Services within the Judicial Department or the Office of the
Victim Advocate, or a licensed medical professional or other licensed
professional from whom the employee has sought assistance with
respect to the family violence or sexual assault.
(e) Nothing in this section shall be construed to (1) prevent employers
from providing more leave than is required under this section, (2)
diminish any rights provided to any employee under the terms of the
employee's employment or a collective bargaining agreement, or (3)
preempt or override the terms of any collective bargaining agreement
effective prior to October 1, 2010.
(f) Nothing in this section shall be construed to require an employer
to provide paid leave under this section if (1) the employee is not
entitled to paid leave pursuant to the terms and conditions of the
employee's employment, or (2) such paid leave exceeds the maximum
amount of leave due the employee during any calendar year, provided
the employee shall be entitled to unpaid leave under this section if paid
leave is exhausted or not provided.
(g) Any written statement or police or court record provided to an
employer pursuant to subsection (d) of this section shall be maintained
as confidential by the employer and shall not be further disclosed by the
employer except as required by federal or state law or as necessary to
protect the employee's safety in the workplace, provided the employee Substitute Senate Bill No. 222
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is given notice prior to the disclosure.
(h) If an employer discharges, penalizes or threatens or otherwise
coerces an employee in violation of this section, the employee, not later
than one hundred eighty days from the occurrence of such action, may
bring a civil action for damages and for an order requiring the
employee's reinstatement or otherwise rescinding such action. If the
employee prevails, the employee shall be allowed a reasonable
attorney's fee to be fixed by the court.