Connecticut 2024 Regular Session

Connecticut Senate Bill SB00222 Compare Versions

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	7	+	General Assembly Substitute Bill No. 222
	8	+	February Session, 2024
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4		-	Substitute Senate Bill No. 222
5		-
6		-	Public Act No. 24-5
7	12
8	13
9	14		AN ACT CONCERNING CHANGES TO THE PAID FAMILY AND
10	15		MEDICAL LEAVE STATUTES.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. Section 31-49e of the general statutes is repealed and the
15		-	following is substituted in lieu thereof (Effective October 1, 2024):
16		-	As used in this section, [and] sections 31-49f to 31-49t, inclusive, as
17		-	amended by this act, and section 6 of this act:
18		-	(1) "Authority" means the Paid Family and Medical Leave Insurance
19		-	Authority established in section 31-49f. "Authority" does not mean an
20		-	appointing authority;
21		-	(2) "Base period" means the first four of the five most recently
22		-	completed quarters;
23		-	(3) "Base weekly earnings" means an amount equal to one twenty-
24		-	sixth, rounded to the next lower dollar, of a covered employee's total
25		-	wages, as defined in subsection (b) of section 31-222 and self-
26		-	employment income, as defined in 26 USC 1402(b), as amended from
27		-	time to time, earned during the two quarters of the covered employee's
28		-	base period in which such earnings were highest, provided self-
29		-	employment income shall be included only if the recipient has enrolled Substitute ~~Senate~~ Bill No. 222
	19	+	Section 1. Section 31-49e of the general statutes is repealed and the 1
	20	+	following is substituted in lieu thereof (Effective October 1, 2024): 2
	21	+	As used in this section, [and] sections 31-49f to 31-49t, inclusive, as 3
	22	+	amended by this act, and section 6 of this act: 4
	23	+	(1) "Authority" means the Paid Family and Medical Leave Insurance 5
	24	+	Authority established in section 31-49f. "Authority" does not mean an 6
	25	+	appointing authority; 7
	26	+	(2) "Base period" means the first four of the five most recently 8
	27	+	completed quarters; 9
	28	+	(3) "Base weekly earnings" means an amount equal to one twenty-10
	29	+	sixth, rounded to the next lower dollar, of a covered employee's total 11
	30	+	wages, as defined in subsection (b) of section 31-222 and self-12
	31	+	employment income, as defined in 26 USC 1402(b), as amended from 13
	32	+	time to time, earned during the two quarters of the covered employee's 14
	33	+	base period in which such earnings were highest, provided self-15
	34	+	employment income shall be included only if the recipient has enrolled 16 Substitute Bill No. 222
30	35
31		-	Public Act No. 24-5 2 of 17
32	36
33		-	in the program pursuant to section 31-49m;
34		-	(4) "Covered employee" means an individual who has earned not less
35		-	than two thousand three hundred twenty-five dollars in subject
36		-	earnings during the employee's highest earning quarter within the base
37		-	period and (A) is presently employed by an employer, (B) has been
38		-	employed by an employer in the previous twelve weeks, or (C) is a self-
39		-	employed individual or sole proprietor and Connecticut resident who
40		-	has enrolled in the program pursuant to section 31-49m;
41		-	(5) "Covered public employee" means an individual who is (A)
42		-	employed in state service, as defined in section 5-196, and who is not in
43		-	a bargaining unit established pursuant to sections 5-270 to 5-280,
44		-	inclusive, or (B) a member of a collective bargaining unit whose
45		-	exclusive collective bargaining agent negotiates inclusion in the
46		-	program, in accordance with chapter 68, sections 7-467 to 7-477,
47		-	inclusive, or sections 10-153a to 10-153n, inclusive. If a municipal
48		-	employer, as defined in section 7-467, or a local or regional board of
49		-	education negotiates inclusion in the program for members of a
50		-	collective bargaining unit, "covered public employee" also means an
51		-	individual who is employed by such municipal employer or local or
52		-	regional board of education and who is not in a bargaining unit
53		-	established under sections 7-467 to 7-477, inclusive, or sections 10-153a
54		-	to 10-153n, inclusive;
55		-	(6) "Employ" means to allow or permit to work;
56		-	(7) "Employee" means an individual engaged in service to an
57		-	employer in this state in the business of the employer;
58		-	(8) "Employer" means a person engaged in any activity, enterprise or
59		-	business or a federally recognized tribe that has entered into a
60		-	memorandum of understanding pursuant to section 6 of this act, who
61		-	employs one or more employees, and includes any person who acts, Substitute Senate Bill No. 222
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63		-	Public Act No. 24-5 3 of 17
	41	+	in the program pursuant to section 31-49m; 17
	42	+	(4) "Covered employee" means an individual who has earned not less 18
	43	+	than two thousand three hundred twenty-five dollars in subject 19
	44	+	earnings during the employee's highest earning quarter within the base 20
	45	+	period and (A) is presently employed by an employer, (B) has been 21
	46	+	employed by an employer in the previous twelve weeks, or (C) is a self-22
	47	+	employed individual or sole proprietor and Connecticut resident who 23
	48	+	has enrolled in the program pursuant to section 31-49m; 24
	49	+	(5) "Covered public employee" means an individual who is (A) 25
	50	+	employed in state service, as defined in section 5-196, and who is not in 26
	51	+	a bargaining unit established pursuant to sections 5-270 to 5-280, 27
	52	+	inclusive, or (B) a member of a collective bargaining unit whose 28
	53	+	exclusive collective bargaining agent negotiates inclusion in the 29
	54	+	program, in accordance with chapter 68, sections 7-467 to 7-477, 30
	55	+	inclusive, or sections 10-153a to 10-153n, inclusive. If a municipal 31
	56	+	employer, as defined in section 7-467, or a local or regional board of 32
	57	+	education negotiates inclusion in the program for members of a 33
	58	+	collective bargaining unit, "covered public employee" also means an 34
	59	+	individual who is employed by such municipal employer or local or 35
	60	+	regional board of education and who is not in a bargaining unit 36
	61	+	established under sections 7-467 to 7-477, inclusive, or sections 10-153a 37
	62	+	to 10-153n, inclusive; 38
	63	+	(6) "Employ" means to allow or permit to work; 39
	64	+	(7) "Employee" means an individual engaged in service to an 40
	65	+	employer in this state in the business of the employer; 41
	66	+	(8) "Employer" means a person engaged in any activity, enterprise or 42
	67	+	business or a federally recognized tribe that has entered into a 43
	68	+	memorandum of understanding pursuant to section 6 of this act, who 44
	69	+	employs one or more employees, and includes any person who acts, 45
	70	+	directly or indirectly, in the interest of an employer to any of the 46
	71	+	employees of such employer and any successor in interest of an 47 Substitute Bill No. 222
64	72
65		-	directly or indirectly, in the interest of an employer to any of the
66		-	employees of such employer and any successor in interest of an
67		-	employer. "Employer" does not mean the federal government, the state
68		-	or a municipality, a local or regional board of education or a nonpublic
69		-	elementary or secondary school, except that the state, a municipal
70		-	employer or local or regional board of education is an employer with
71		-	respect to each of its covered public employees;
72		-	(9) "Family and medical leave compensation" or "compensation"
73		-	means the paid leave provided to covered employees from the Family
74		-	and Medical Leave Insurance Trust Fund;
75		-	(10) "Family and Medical Leave Insurance Authority Board" means
76		-	the board of directors established in section 31-49f;
77		-	(11) "Family and Medical Leave Insurance Program" or "program"
78		-	means the program established in section 31-49g, as amended by this
79		-	act;
80		-	(12) "Family and Medical Leave Insurance Trust Fund" or "trust"
81		-	means the trust fund established in section 31-49i;
82		-	(13) "Health care provider" has the same meaning as provided in
83		-	section 31-51kk, as amended by this act;
84		-	(14) "Municipality" has the same meaning as provided in section 7-
85		-	245;
86		-	[(14)] (15) "Person" means one or more individuals, partnerships,
87		-	associations, corporations, limited liability companies, business trusts,
88		-	legal representatives or any organized group of persons;
89		-	[(15)] (16) "Serious health condition" has the same meaning as
90		-	provided in section 31-51kk, as amended by this act; and
91		-	[(16)] (17) "Subject earnings" means total wages, as defined in Substitute Senate Bill No. 222
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93		-	Public Act No. 24-5 4 of 17
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95		-	subsection (b) of section 31-222 and self-employment income as defined
96		-	in 26 USC 1402(b), as amended from time to time, that shall not exceed
97		-	the Social Security contribution and benefit base, as determined
98		-	pursuant to 42 USC 430, as amended from time to time, provided self-
99		-	employment income shall be included only if the recipient has enrolled
100		-	in the program pursuant to section 31-49m.
101		-	Sec. 2. Subsections (b) to (g), inclusive, of section 31-49g of the general
102		-	statutes are repealed and the following is substituted in lieu thereof
103		-	(Effective October 1, 2024):
104		-	(b) (1) Beginning on January 1, 2021, but not later than February 1,
105		-	2021, each employee and each self-employed individual or sole
106		-	proprietor who has enrolled in the program pursuant to section 31-49m
107		-	shall contribute a percentage of [his or her] such employee's or self-
108		-	employed individual's or sole proprietor's subject earnings that shall not
109		-	exceed the Social Security contribution and benefit base, as determined
110		-	pursuant to 42 USC 430, as amended from time to time, to the Family
111		-	and Medical Leave Insurance Trust Fund. Such percentage shall be
112		-	established by the authority, provided that the percentage shall not
113		-	exceed one-half of one per cent.
114		-	(2) On September 1, 2022, and on each September first thereafter, the
115		-	authority shall publish the following information: (A) The total amount
116		-	of contributions collected and benefits paid during the previous fiscal
117		-	year, as well as the total amount required for the administration of the
118		-	Family and Medical Leave Insurance Program in such year; (B) the total
119		-	amount remaining in the trust fund at the close of such fiscal year; (C)
120		-	in light of such totals, and of expected future expenditures and
121		-	contributions, a target fund balance sufficient to ensure the ongoing
122		-	ability of the fund to pay the compensation described in subdivision (2)
123		-	of subsection (c) of this section, and to limit the need for contribution
124		-	rate increases or benefit reductions due to changing economic
125		-	conditions; (D) the amount by which the total amount remaining in the Substitute Senate Bill No. 222
	78	+	employer. "Employer" does not mean the federal government, the state 48
	79	+	or a municipality, a local or regional board of education or a nonpublic 49
	80	+	elementary or secondary school, except that the state, a municipal 50
	81	+	employer or local or regional board of education is an employer with 51
	82	+	respect to each of its covered public employees; 52
	83	+	(9) "Family and medical leave compensation" or "compensation" 53
	84	+	means the paid leave provided to covered employees from the Family 54
	85	+	and Medical Leave Insurance Trust Fund; 55
	86	+	(10) "Family and Medical Leave Insurance Authority Board" means 56
	87	+	the board of directors established in section 31-49f; 57
	88	+	(11) "Family and Medical Leave Insurance Program" or "program" 58
	89	+	means the program established in section 31-49g, as amended by this 59
	90	+	act; 60
	91	+	(12) "Family and Medical Leave Insurance Trust Fund" or "trust" 61
	92	+	means the trust fund established in section 31-49i; 62
	93	+	(13) "Health care provider" has the same meaning as provided in 63
	94	+	section 31-51kk, as amended by this act; 64
	95	+	(14) "Municipality" has the same meaning as provided in section 7-65
	96	+	245; 66
	97	+	[(14)] (15) "Person" means one or more individuals, partnerships, 67
	98	+	associations, corporations, limited liability companies, business trusts, 68
	99	+	legal representatives or any organized group of persons; 69
	100	+	[(15)] (16) "Serious health condition" has the same meaning as 70
	101	+	provided in section 31-51kk, as amended by this act; and 71
	102	+	[(16)] (17) "Subject earnings" means total wages, as defined in 72
	103	+	subsection (b) of section 31-222 and self-employment income as defined 73
	104	+	in 26 USC 1402(b), as amended from time to time, that shall not exceed 74
	105	+	the Social Security contribution and benefit base, as determined 75 Substitute Bill No. 222
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127		-	Public Act No. 24-5 5 of 17
128	107
129		-	trust fund at the close of the previous fiscal year is less than or greater
130		-	than that target fund balance. On November 1, 2022, and on each
131		-	November first thereafter, the authority may announce a revision to the
132		-	previously established contribution rate, provided the revised rate shall
133		-	not exceed one-half of one per cent and shall be sufficient to ensure that
134		-	the trust fund shall achieve and maintain such target fund balance.
135		-	Effective on January first of the calendar year following each such
136		-	announcement, the revised contribution rate announced by the
137		-	authority under this subsection shall supersede the previously
138		-	established contribution rate.
139		-	(3) Each employer making payment of any wages to an employee
140		-	shall deduct and withhold from such wages for each payroll period a
141		-	contribution computed in such manner as to result, so far as practicable,
142		-	in withholding from the employee's wages during each calendar year
143		-	an amount substantially equivalent to the contribution reasonably
144		-	estimated to be due from the employee under this subsection with
145		-	respect to the amount of such wages during the calendar year.
146		-	(4) If, after notice, an employee or employer or self-employed
147		-	individual or sole proprietor who has enrolled in the program pursuant
148		-	to section 31-49m fails to make a payment required by this section, a
149		-	state collection agency, as defined in section 12-35, shall collect such
150		-	contribution and interest by any means provided in sections 12-35, 31-
151		-	265 and 31-266.
152		-	(5) Each employer making payment of any wages to an employee
153		-	shall (A) register with the authority, and (B) submit reports required by
154		-	the authority in a form and manner prescribed by the authority.
155		-	(6) Any employer that fails to comply with the provisions of this
156		-	subsection shall be subject to penalties established by the authority
157		-	pursuant to subsection (b) of section 31-49h. Substitute Senate Bill No. 222
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	112	+	pursuant to 42 USC 430, as amended from time to time, provided self-76
	113	+	employment income shall be included only if the recipient has enrolled 77
	114	+	in the program pursuant to section 31-49m. 78
	115	+	Sec. 2. Subsections (b) to (g), inclusive, of section 31-49g of the general 79
	116	+	statutes are repealed and the following is substituted in lieu thereof 80
	117	+	(Effective October 1, 2024): 81
	118	+	(b) (1) Beginning on January 1, 2021, but not later than February 1, 82
	119	+	2021, each employee and each self-employed individual or sole 83
	120	+	proprietor who has enrolled in the program pursuant to section 31-49m 84
	121	+	shall contribute a percentage of [his or her] such employee's or self-85
	122	+	employed individual's or sole proprietor's subject earnings that shall not 86
	123	+	exceed the Social Security contribution and benefit base, as determined 87
	124	+	pursuant to 42 USC 430, as amended from time to time, to the Family 88
	125	+	and Medical Leave Insurance Trust Fund. Such percentage shall be 89
	126	+	established by the authority, provided that the percentage shall not 90
	127	+	exceed one-half of one per cent. 91
	128	+	(2) On September 1, 2022, and on each September first thereafter, the 92
	129	+	authority shall publish the following information: (A) The total amount 93
	130	+	of contributions collected and benefits paid during the previous fiscal 94
	131	+	year, as well as the total amount required for the administration of the 95
	132	+	Family and Medical Leave Insurance Program in such year; (B) the total 96
	133	+	amount remaining in the trust fund at the close of such fiscal year; (C) 97
	134	+	in light of such totals, and of expected future expenditures and 98
	135	+	contributions, a target fund balance sufficient to ensure the ongoing 99
	136	+	ability of the fund to pay the compensation described in subdivision (2) 100
	137	+	of subsection (c) of this section, and to limit the need for contribution 101
	138	+	rate increases or benefit reductions due to changing economic 102
	139	+	conditions; (D) the amount by which the total amount remaining in the 103
	140	+	trust fund at the close of the previous fiscal year is less than or greater 104
	141	+	than that target fund balance. On November 1, 2022, and on each 105
	142	+	November first thereafter, the authority may announce a revision to the 106
	143	+	previously established contribution rate, provided the revised rate shall 107
	144	+	not exceed one-half of one per cent and shall be sufficient to ensure that 108 Substitute Bill No. 222
160	145
161		-	(c) (1) Beginning on January 1, 2022, but not later than February 1,
162		-	2022, covered employees shall receive compensation under this section
163		-	for up to twelve weeks of leave in any twelve-month period taken for
164		-	one or more of the reasons listed in subdivision (2) of subsection (a) of
165		-	section 31-51ll or subsection (i) of said section or section 31-51ss, as
166		-	amended by this act, as well as for two additional weeks for a serious
167		-	health condition resulting in incapacitation that occurs during a
168		-	pregnancy, if such covered employee (A) provides notice to the
169		-	authority, and such covered employee's employer, if applicable, of the
170		-	need for such compensation in a form and manner prescribed by the
171		-	authority, and (B) upon the request of the authority, provides
172		-	certification of such covered employee's need for leave and therefore
173		-	compensation in the manner provided for in section 31-51mm to the
174		-	authority and such employer, if applicable. Covered employees who are
175		-	not currently employed or have enrolled in the program pursuant to
176		-	section 31-49m shall receive compensation in like circumstances. Should
177		-	the authority determine that it is administratively feasible and prudent,
178		-	the program may begin providing compensation for leave taken for
179		-	reasons listed in subparagraphs (A) and (B) of subdivision (2) of
180		-	subsection (a) of section 31-51ll prior to offering compensation for leave
181		-	taken for the other reasons listed in subdivision (2) of subsection (a) of
182		-	section 31-51ll or the reasons listed in subsection (i) of said section or
183		-	section 31-51ss, as amended by this act.
184		-	(2) The weekly compensation offered to covered employees shall be
185		-	equal to ninety-five per cent of the covered employee's base weekly
186		-	earnings up to an amount equal to forty times the minimum fair wage,
187		-	as defined in section 31-58, and sixty per cent of that covered employee's
188		-	base weekly earnings above an amount equal to forty times the
189		-	minimum fair wage, except that the total weekly compensation shall not
190		-	exceed an amount equal to sixty times the minimum fair wage.
191		-	Compensation shall be available on a prorated basis. Substitute Senate Bill No. 222
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195		-	(3) Notwithstanding subdivision (2) of this subsection, if employee
196		-	contributions are the maximum percentage allowed and the authority
197		-	determines that employee contributions are not sufficient to ensure
198		-	solvency of the program, the authority shall reduce the benefit for
199		-	covered employees by the minimum amount necessary in order to
200		-	ensure the solvency of the program.
201		-	(4) If a covered [worker] employee elects to have income tax deducted
202		-	and withheld from [his or her] such covered employee's compensation,
203		-	the amount specified shall be deducted and withheld in a manner
204		-	consistent with state law.
205		-	(d) Notwithstanding subsection (g) of section 31-51ll, two spouses
206		-	employed by the same employer shall each be eligible for up to twelve
207		-	weeks of compensation under this section in any twelve-month period.
208		-	Such eligibility for compensation shall not increase their eligibility for
209		-	job-protected leave beyond the number of weeks specified in said
210		-	subsection.
211		-	(e) A covered employee may receive compensation under this section
212		-	for nonconsecutive hours of leave.
213		-	(f) A covered employee may receive compensation under this section
214		-	concurrently with any employer-provided employment benefits,
215		-	provided the total compensation of such covered employee during such
216		-	period of leave shall not exceed such covered employee's regular rate of
217		-	compensation.
218		-	(g) [No] (1) Except as otherwise provided in subdivision (2) of this
219		-	subsection, no covered employee shall receive compensation under this
220		-	section concurrently with income replacement compensation under
221		-	chapter 567 or 568 or any other state or federal program that provides
222		-	wage replacement.
223		-	(2) A covered employee may receive compensation under this section Substitute Senate Bill No. 222
	151	+	the trust fund shall achieve and maintain such target fund balance. 109
	152	+	Effective on January first of the calendar year following each such 110
	153	+	announcement, the revised contribution rate announced by the 111
	154	+	authority under this subsection shall supersede the previously 112
	155	+	established contribution rate. 113
	156	+	(3) Each employer making payment of any wages to an employee 114
	157	+	shall deduct and withhold from such wages for each payroll period a 115
	158	+	contribution computed in such manner as to result, so far as practicable, 116
	159	+	in withholding from the employee's wages during each calendar year 117
	160	+	an amount substantially equivalent to the contribution reasonably 118
	161	+	estimated to be due from the employee under this subsection with 119
	162	+	respect to the amount of such wages during the calendar year. 120
	163	+	(4) If, after notice, an employee or employer or self-employed 121
	164	+	individual or sole proprietor who has enrolled in the program pursuant 122
	165	+	to section 31-49m fails to make a payment required by this section, a 123
	166	+	state collection agency, as defined in section 12-35, shall collect such 124
	167	+	contribution and interest by any means provided in sections 12-35, 31-125
	168	+	265 and 31-266. 126
	169	+	(5) Each employer making payment of any wages to an employee 127
	170	+	shall (A) register with the authority, and (B) submit reports required by 128
	171	+	the authority in a form and manner prescribed by the authority. 129
	172	+	(6) Any employer that fails to comply with the provisions of this 130
	173	+	subsection shall be subject to penalties established by the authority 131
	174	+	pursuant to subsection (b) of section 31-49h. 132
	175	+	(c) (1) Beginning on January 1, 2022, but not later than February 1, 133
	176	+	2022, covered employees shall receive compensation under this section 134
	177	+	for up to twelve weeks of leave in any twelve-month period taken for 135
	178	+	one or more of the reasons listed in subdivision (2) of subsection (a) of 136
	179	+	section 31-51ll or subsection (i) of said section or section 31-51ss, as 137
	180	+	amended by this act, as well as for two additional weeks for a serious 138
	181	+	health condition resulting in incapacitation that occurs during a 139 Substitute Bill No. 222
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226	183
227		-	concurrently with compensation received from the victim compensation
228		-	program administered by the Office of Victim Services within the
229		-	Judicial Department, provided the total compensation received by the
230		-	covered employee during the covered employee's period of leave shall
231		-	not exceed such covered employee's regular rate of compensation.
232		-	Sec. 3. Section 31-49n of the general statutes is repealed and the
233		-	following is substituted in lieu thereof (Effective October 1, 2024):
234		-	(a) The authority shall conduct a public education campaign to
235		-	inform individuals and employers regarding the Family and Medical
236		-	Leave Insurance Program. Such campaign shall include, but not be
237		-	limited to, information about the requirements for receiving family and
238		-	medical leave compensation, how to apply for such compensation and
239		-	the circumstances for which such compensation may be available. The
240		-	authority may use funds contributed to the Family and Medical Leave
241		-	Insurance Trust Fund for purposes of the public education campaign.
242		-	Information distributed or made available under the campaign shall be
243		-	available in English and Spanish and in any other language prescribed
244		-	by the authority.
245		-	(b) Not later than October 1, 2024, the authority shall develop or
246		-	approve an informational poster for display by health care providers.
247		-	Each health care provider shall display such poster in a clear and
248		-	conspicuous manner accessible to patients and caregivers. For purposes
249		-	of this subsection, "health care provider" has the same meaning as
250		-	provided in section 31-51kk, as amended by this act.
251		-	[(b)] (c) The authority shall ensure to the greatest extent practicable
252		-	that any web site, web-based form, application or digital service: (1) is
253		-	accessible to individuals with disabilities in accordance with WCAG2.0
254		-	AA or similar updated standard; (2) has a consistent appearance; (3)
255		-	contains a search function that allows users to easily search content
256		-	intended for public use; (4) is provided through an industry standard Substitute Senate Bill No. 222
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257	187
258		-	Public Act No. 24-5 9 of 17
	188	+	pregnancy, if such covered employee (A) provides notice to the 140
	189	+	authority, and such covered employee's employer, if applicable, of the 141
	190	+	need for such compensation in a form and manner prescribed by the 142
	191	+	authority, and (B) upon the request of the authority, provides 143
	192	+	certification of such covered employee's need for leave and therefore 144
	193	+	compensation in the manner provided for in section 31-51mm to the 145
	194	+	authority and such employer, if applicable. Covered employees who are 146
	195	+	not currently employed or have enrolled in the program pursuant to 147
	196	+	section 31-49m shall receive compensation in like circumstances. Should 148
	197	+	the authority determine that it is administratively feasible and prudent, 149
	198	+	the program may begin providing compensation for leave taken for 150
	199	+	reasons listed in subparagraphs (A) and (B) of subdivision (2) of 151
	200	+	subsection (a) of section 31-51ll prior to offering compensation for leave 152
	201	+	taken for the other reasons listed in subdivision (2) of subsection (a) of 153
	202	+	section 31-51ll or the reasons listed in subsection (i) of said section or 154
	203	+	section 31-51ss, as amended by this act. 155
	204	+	(2) The weekly compensation offered to covered employees shall be 156
	205	+	equal to ninety-five per cent of the covered employee's base weekly 157
	206	+	earnings up to an amount equal to forty times the minimum fair wage, 158
	207	+	as defined in section 31-58, and sixty per cent of that covered employee's 159
	208	+	base weekly earnings above an amount equal to forty times the 160
	209	+	minimum fair wage, except that the total weekly compensation shall not 161
	210	+	exceed an amount equal to sixty times the minimum fair wage. 162
	211	+	Compensation shall be available on a prorated basis. 163
	212	+	(3) Notwithstanding subdivision (2) of this subsection, if employee 164
	213	+	contributions are the maximum percentage allowed and the authority 165
	214	+	determines that employee contributions are not sufficient to ensure 166
	215	+	solvency of the program, the authority shall reduce the benefit for 167
	216	+	covered employees by the minimum amount necessary in order to 168
	217	+	ensure the solvency of the program. 169
	218	+	(4) If a covered [worker] employee elects to have income tax deducted 170
	219	+	and withheld from [his or her] such covered employee's compensation, 171
	220	+	the amount specified shall be deducted and withheld in a manner 172 Substitute Bill No. 222
259	221
260		-	secure connection; (5) is designed around user needs with data-driven
261		-	analysis influencing management and development decisions, using
262		-	qualitative and quantitative data to determine user goals, needs and
263		-	behaviors and continually test the web site, web-based form, web-based
264		-	application or digital service to ensure that user needs are addressed; (6)
265		-	provides users of the new or redesigned web site, web-based form, web-
266		-	based application or digital service with the option for a more
267		-	customized digital experience that allows users to complete digital
268		-	transactions in an efficient and accurate manner; (7) is fully functional
269		-	and usable on common mobile devices; and (8) uses free and open-
270		-	source tools when possible, such as open standards in accordance with
271		-	the US Web Design Standards built by the US General Services
272		-	Administration.
273		-	Sec. 4. Section 31-49r of the general statutes is repealed and the
274		-	following is substituted in lieu thereof (Effective October 1, 2024):
275		-	(a) Any individual participating in the program who wilfully makes
276		-	a false statement or misrepresentation regarding a material fact, or
277		-	wilfully fails to report a material fact, to obtain family and medical leave
278		-	compensation shall be disqualified from receiving any compensation
279		-	under the program for two years after making such false statement or
280		-	misrepresentation or failing to report such material fact.
281		-	(b) If family and medical leave compensation is paid to a covered
282		-	employee erroneously or as a result of wilful misrepresentation by such
283		-	employee, or if a claim for family and medical leave compensation is
284		-	rejected after compensation is paid, the authority may seek repayment
285		-	of benefits from the employee having received such compensation. [and
286		-	may also, in] In the case of wilful misrepresentation, the authority may
287		-	seek payment of a penalty in the amount of fifty per cent of the benefits
288		-	paid as a result of such misrepresentation. The authority may waive, in
289		-	whole or in part, the amount of any such payments if the recovery
290		-	would be against equity and good conscience. Substitute Senate Bill No. 222
291	222
292		-	Public Act No. 24-5 10 of 17
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293	226
294		-	~~(c) If family and medical leave compensation is paid as a result of~~
295		-	~~wilful misrepresentation by any health care provider~~, ~~the authority shall~~
296		-	~~notify~~ the ~~Labor Commissioner and may seek payment of a penalty~~
297		-	~~from such health care provider~~ in ~~the amount of three hundred per cent~~
298		-	~~of the benefits paid as a result of~~ such ~~misrepresentation. The authority~~
299		-	~~may waive,~~ in ~~whole or in part, the amount of any such payments where~~
300		-	~~the recovery would be against equity and good conscience~~.
301		-	(d) ~~Any person,~~ ~~including an employer,~~ ~~who intentionally aids,~~ ~~abets,~~
302		-	~~assists, promotes or facilitates the making~~ of~~, or the attempt to make,~~
303		-	~~any claim for benefits or the receipt or attempted receipt of benefits by~~
304		-	~~another person in violation of subsection (b) of this section shall be liable~~
305		-	~~for~~ the ~~same financial penalty as the person making or attempting to~~
306		-	~~make the claim or receiving or attempting to receive the benefits.~~
307		-	~~(e) A health care provider shall complete a timely medical~~
308		-	~~certification~~ of ~~a patient's serious medical condition at the request of the~~
309		-	~~patient.~~ No ~~health care provider~~ shall ~~charge a patient a fee for such~~
310		-	~~service.~~
311		-	~~(f)~~ Any ~~person who has received a greater amount of benefits than~~
312		-	~~was due to such person under sections 31-49e to 31-49t, inclusive, as~~
313		-	~~amended by~~ this ~~act, shall be charged by the authority with an~~
314		-	~~overpayment of a sum equal to~~ the ~~amount overpaid to such person and~~
315		-	~~shall pay such sum to~~ the ~~authority in accordance with a repayment~~
316		-	~~schedule as determined~~ by the ~~authority. Any person who fails to make~~
317		-	~~payments in accordance with such schedule~~ shall ~~be subject to interest~~
318		-	~~at a~~ rate of ~~one per cent of the amount owed per month~~. ~~If a person fails~~
319		-	~~to repay according to~~ the ~~schedule established,~~ the ~~authority may~~
320		-	~~request the Commissioner of Administrative Services to seek~~
321		-	~~reimbursement for such amount owed plus interest pursuant~~ to ~~section~~
322		-	~~12-742.~~
323		-	~~(g) Any person who has been assessed a penalty by the authority~~ Substitute ~~Senate~~ Bill No. 222
	227	+	consistent with state law. 173
	228	+	(d) Notwithstanding subsection (g) of section 31-51ll, two spouses 174
	229	+	employed by the same employer shall each be eligible for up to twelve 175
	230	+	weeks of compensation under this section in any twelve-month period. 176
	231	+	Such eligibility for compensation shall not increase their eligibility for 177
	232	+	job-protected leave beyond the number of weeks specified in said 178
	233	+	subsection. 179
	234	+	(e) A covered employee may receive compensation under this section 180
	235	+	for nonconsecutive hours of leave. 181
	236	+	(f) A covered employee may receive compensation under this section 182
	237	+	concurrently with any employer-provided employment benefits, 183
	238	+	provided the total compensation of such covered employee during such 184
	239	+	period of leave shall not exceed such covered employee's regular rate of 185
	240	+	compensation. 186
	241	+	(g) [No] (1) Except as otherwise provided in subdivision (2) of this 187
	242	+	subsection, no covered employee shall receive compensation under this 188
	243	+	section concurrently with income replacement compensation under 189
	244	+	chapter 567 or 568 or any other state or federal program that provides 190
	245	+	wage replacement. 191
	246	+	(2) A covered employee may receive compensation under this section 192
	247	+	concurrently with compensation received from the victim compensation 193
	248	+	program administered by the Office of Victim Services within the 194
	249	+	Judicial Department, provided the total compensation received by the 195
	250	+	covered employee during the covered employee's period of leave shall 196
	251	+	not exceed such covered employee's regular rate of compensation. 197
	252	+	Sec. 3. Section 31-49n of the general statutes is repealed and the 198
	253	+	following is substituted in lieu thereof (Effective October 1, 2024): 199
	254	+	(a) The authority shall conduct a public education campaign to 200
	255	+	inform individuals and employers regarding the Family and Medical 201
	256	+	Leave Insurance Program. Such campaign shall include, but not be 202 Substitute Bill No. 222
324	257
325		-	Public Act No. 24-5 11 of 17
326	258
327		-	under sections 31-49e to 31-49t, inclusive, as amended by this act, shall
328		-	pay such penalty to the authority in accordance with a payment
329		-	schedule as determined by the authority. Any person who fails to make
330		-	payments in accordance with such payment schedule shall be subject to
331		-	interest at a rate of one per cent of the amount owed per month. If a
332		-	person fails to repay according to the schedule, the authority may
333		-	request the Commissioner of Administrative Services to seek
334		-	reimbursement for such amount owed plus interest pursuant to section
335		-	12-742.
336		-	Sec. 5. Section 31-49t of the general statutes is repealed and the
337		-	following is substituted in lieu thereof (Effective from passage):
338		-	Not later than [July 1, 2022] September 1, 2024, and annually
339		-	thereafter, the authority shall report, in accordance with section 11-4a of
340		-	the general statutes, to the Office of Policy and Management and to the
341		-	joint standing committees of the General Assembly having cognizance
342		-	of matters relating to appropriations and the budgets of state agencies
343		-	and labor, on (1) the projected and actual participation in the program,
344		-	(2) the balance of the trust, (3) the reasons claimants are receiving family
345		-	and medical leave compensation, (4) the success of outreach and
346		-	education efforts, (5) demographic information of claimants, including
347		-	gender, age, town of residence and income level, and (6) the total
348		-	number of claims made and claims denied.
349		-	Sec. 6. (NEW) (Effective October 1, 2024) Notwithstanding the
350		-	provisions of section 3-6c of the general statutes, the Governor, in
351		-	consultation with the authority, may enter into a memorandum of
352		-	understanding with any federally recognized tribe located within the
353		-	state to authorize employees of both the tribe and any tribally owned
354		-	business to participate in the Family and Medical Leave Insurance
355		-	Program. Any such participation in the program shall be governed
356		-	solely by the terms of any memorandum of understanding entered into
357		-	pursuant to this section. Substitute Senate Bill No. 222
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358	262
359		-	Public Act No. 24-5 12 of 17
	263	+	limited to, information about the requirements for receiving family and 203
	264	+	medical leave compensation, how to apply for such compensation and 204
	265	+	the circumstances for which such compensation may be available. The 205
	266	+	authority may use funds contributed to the Family and Medical Leave 206
	267	+	Insurance Trust Fund for purposes of the public education campaign. 207
	268	+	Information distributed or made available under the campaign shall be 208
	269	+	available in English and Spanish and in any other language prescribed 209
	270	+	by the authority. 210
	271	+	(b) Not later than October 1, 2024, the authority shall develop or 211
	272	+	approve an informational poster for display by health care providers. 212
	273	+	Each health care provider shall display such poster in a clear and 213
	274	+	conspicuous manner accessible to patients and caregivers. For purposes 214
	275	+	of this subsection, "health care provider" has the same meaning as 215
	276	+	provided in section 31-51kk, as amended by this act. 216
	277	+	[(b)] (c) The authority shall ensure to the greatest extent practicable 217
	278	+	that any web site, web-based form, application or digital service: (1) is 218
	279	+	accessible to individuals with disabilities in accordance with WCAG2.0 219
	280	+	AA or similar updated standard; (2) has a consistent appearance; (3) 220
	281	+	contains a search function that allows users to easily search content 221
	282	+	intended for public use; (4) is provided through an industry standard 222
	283	+	secure connection; (5) is designed around user needs with data-driven 223
	284	+	analysis influencing management and development decisions, using 224
	285	+	qualitative and quantitative data to determine user goals, needs and 225
	286	+	behaviors and continually test the web site, web-based form, web-based 226
	287	+	application or digital service to ensure that user needs are addressed; (6) 227
	288	+	provides users of the new or redesigned web site, web-based form, web-228
	289	+	based application or digital service with the option for a more 229
	290	+	customized digital experience that allows users to complete digital 230
	291	+	transactions in an efficient and accurate manner; (7) is fully functional 231
	292	+	and usable on common mobile devices; and (8) uses free and open-232
	293	+	source tools when possible, such as open standards in accordance with 233
	294	+	the US Web Design Standards built by the US General Services 234
	295	+	Administration. 235 Substitute Bill No. 222
360	296
361		-	Sec. 7. Section 31-51kk of the general statutes is repealed and the
362		-	following is substituted in lieu thereof (Effective October 1, 2024):
363		-	As used in sections 31-51kk to 31-51qq, inclusive, as amended by this
364		-	act:
365		-	(1) "Eligible employee" means an employee who has been employed
366		-	for at least three months immediately preceding his or her request for
367		-	leave by the employer with respect to whom leave is requested;
368		-	(2) "Employ" includes to allow or permit to work;
369		-	(3) "Employee" means any person engaged in service to an employer
370		-	in this state in the business of the employer;
371		-	(4) "Employer" means a person engaged in any activity, enterprise or
372		-	business who employs one or more employees, and includes any person
373		-	who acts, directly or indirectly, in the interest of an employer to any of
374		-	the employees of such employer and any successor in interest of an
375		-	employer. "Employer" does not include a municipality, a local or
376		-	regional board of education, or a nonpublic elementary or secondary
377		-	school;
378		-	(5) "Employment benefits" means all benefits provided or made
379		-	available to employees by an employer, including group life insurance,
380		-	health insurance, disability insurance, sick leave, annual leave,
381		-	educational benefits and pensions, regardless of whether such benefits
382		-	are provided by practice or written policy of an employer or through an
383		-	"employee benefit plan", as defined in Section 1002(3) of Title 29 of the
384		-	United States Code;
385		-	(6) "Family member" means a spouse, sibling, son or daughter,
386		-	grandparent, grandchild or parent, or an individual related to the
387		-	employee by blood or affinity whose close association the employee
388		-	shows to be the equivalent of those family relationships; Substitute Senate Bill No. 222
389	297
390		-	Public Act No. 24-5 13 of 17
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391	301
392		-	(7) "Grandchild" means a grandchild related to a person by (A) blood,
393		-	(B) marriage, (C) adoption by a child of the grandparent, or (D) foster
394		-	care by a child of the grandparent;
395		-	(8) "Grandparent" means a grandparent related to a person by (A)
396		-	blood, (B) marriage, (C) adoption of a minor child by a child of the
397		-	grandparent, or (D) foster care by a child of the grandparent;
398		-	(9) "Health care provider" means (A) a doctor of medicine or
399		-	osteopathy who is authorized to practice medicine or surgery by the
400		-	state in which the doctor practices; (B) a podiatrist, dentist, psychologist,
401		-	optometrist or chiropractor authorized to practice by the state in which
402		-	such person practices and performs within the scope of the authorized
403		-	practice; (C) an advanced practice registered nurse, nurse practitioner,
404		-	nurse midwife or clinical social worker authorized to practice by the
405		-	state in which such person practices and performs within the scope of
406		-	the authorized practice; (D) Christian Science practitioners listed with
407		-	the First Church of Christ, Scientist in Boston, Massachusetts; (E) any
408		-	health care provider from whom an employer or a group health plan's
409		-	benefits manager will accept certification of the existence of a serious
410		-	health condition to substantiate a claim for benefits; (F) a health care
411		-	provider as defined in subparagraphs (A) to (E), inclusive, of this
412		-	subdivision who practices in a country other than the United States, who
413		-	is licensed to practice in accordance with the laws and regulations of
414		-	that country; or (G) such other health care provider as the Labor
415		-	Commissioner determines, performing within the scope of the
416		-	authorized practice. The commissioner may utilize any determinations
417		-	made pursuant to chapter 568;
418		-	(10) "Municipality" has the same meaning as provided in section 7-
419		-	245;
420		-	[(10)] (11) "Parent" means a biological parent, foster parent, adoptive
421		-	parent, stepparent, parent-in-law or legal guardian of an eligible Substitute Senate Bill No. 222
	302	+	Sec. 4. Section 31-49r of the general statutes is repealed and the 236
	303	+	following is substituted in lieu thereof (Effective October 1, 2024): 237
	304	+	(a) Any individual participating in the program who wilfully makes 238
	305	+	a false statement or misrepresentation regarding a material fact, or 239
	306	+	wilfully fails to report a material fact, to obtain family and medical leave 240
	307	+	compensation shall be disqualified from receiving any compensation 241
	308	+	under the program for two years after making such false statement or 242
	309	+	misrepresentation or failing to report such material fact. 243
	310	+	(b) If family and medical leave compensation is paid to a covered 244
	311	+	employee erroneously or as a result of wilful misrepresentation by such 245
	312	+	employee, or if a claim for family and medical leave compensation is 246
	313	+	rejected after compensation is paid, the authority may seek repayment 247
	314	+	of benefits from the employee having received such compensation. [and 248
	315	+	may also, in] In the case of wilful misrepresentation [,] or an attempted 249
	316	+	wilful misrepresentation, the authority may seek payment of a penalty 250
	317	+	in the amount of fifty per cent of the benefits applied for or paid as a 251
	318	+	result of such misrepresentation. The authority may waive, in whole or 252
	319	+	in part, the amount of any such payments if the recovery would be 253
	320	+	against equity and good conscience. 254
	321	+	(c) If family and medical leave compensation is paid as a result of 255
	322	+	wilful misrepresentation by any health care provider, the authority shall 256
	323	+	notify the Labor Commissioner and may seek payment of a penalty 257
	324	+	from such health care provider in the amount of three hundred per cent 258
	325	+	of the benefits paid as a result of such misrepresentation. The authority 259
	326	+	may waive, in whole or in part, the amount of any such payments where 260
	327	+	the recovery would be against equity and good conscience. 261
	328	+	(d) Any person, including an employer, who intentionally aids, abets, 262
	329	+	assists, promotes or facilitates the making of, or the attempt to make, 263
	330	+	any claim for benefits or the receipt or attempted receipt of benefits by 264
	331	+	another person in violation of subsection (b) of this section shall be liable 265
	332	+	for the same financial penalty as the person making or attempting to 266
	333	+	make the claim or receiving or attempting to receive the benefits. 267 Substitute Bill No. 222
422	334
423		-	Public Act No. 24-5 14 of 17
424	335
425		-	employee or an eligible employee's spouse, an individual standing in
426		-	loco parentis to an eligible employee, or an individual who stood in loco
427		-	parentis to the eligible employee when the employee was a child;
428		-	[(11)] (12) "Person" means one or more individuals, partnerships,
429		-	associations, corporations, business trusts, legal representatives or
430		-	organized groups of persons;
431		-	[(12)] (13) "Reduced leave schedule" means a leave schedule that
432		-	reduces the usual number of hours per workweek, or hours per
433		-	workday, of an employee;
434		-	[(13)] (14) "Serious health condition" means an illness, injury,
435		-	impairment, or physical or mental condition that involves (A) inpatient
436		-	care in a hospital, hospice, nursing home or residential medical care
437		-	facility; or (B) continuing treatment, including outpatient treatment, by
438		-	a health care provider;
439		-	[(14)] (15) "Sibling" means a brother or sister related to a person by
440		-	(A) blood, (B) marriage, (C) adoption by a parent of the person, or (D)
441		-	foster care placement;
442		-	[(15)] (16) "Son or daughter" means a biological, adopted or foster
443		-	child, stepchild, legal ward, or, in the alternative, a child of a person
444		-	standing in loco parentis, or an individual to whom the employee stood
445		-	in loco parentis when the individual was a child; and
446		-	[(16)] (17) "Spouse" means a person to whom one is legally married.
447		-	Sec. 8. Section 31-51ss of the general statutes is repealed and the
448		-	following is substituted in lieu thereof (Effective October 1, 2024):
449		-	(a) For the purposes of this section:
450		-	(1) "Employer" means a person engaged in business who has three or
451		-	more employees, including the state and any political subdivision of the Substitute Senate Bill No. 222
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452	339
453		-	Public Act No. 24-5 15 of 17
	340	+	(e) A health care provider shall complete a timely medical 268
	341	+	certification of a patient's serious medical condition at the request of the 269
	342	+	patient. No health care provider shall charge a patient a fee for such 270
	343	+	service. 271
	344	+	(f) Any person who has received a greater amount of benefits than 272
	345	+	was due to such person under sections 31-49e to 31-49t, inclusive, as 273
	346	+	amended by this act, shall be charged by the authority with an 274
	347	+	overpayment of a sum equal to the amount overpaid to such person and 275
	348	+	shall pay such sum to the authority in accordance with a repayment 276
	349	+	schedule as determined by the authority. Any person who fails to make 277
	350	+	payments in accordance with such schedule shall be subject to interest 278
	351	+	at a rate of one per cent of the amount owed per month. If a person fails 279
	352	+	to repay according to the schedule established, the authority may 280
	353	+	recover such amount owed plus any accrued interest through a wage 281
	354	+	execution in accordance with the provisions of section 52-361a and the 282
	355	+	authority may request the Commissioner of Administrative Services to 283
	356	+	seek reimbursement for such amount pursuant to section 12-742. 284
	357	+	(g) Any person who has been assessed a penalty by the authority 285
	358	+	under sections 31-49e to 31-49t, inclusive, as amended by this act, shall 286
	359	+	pay such penalty to the authority in accordance with a payment 287
	360	+	schedule as determined by the authority. Any person who fails to make 288
	361	+	payments in accordance with such payment schedule shall be subject to 289
	362	+	interest at a rate of one per cent of the amount owed per month. If a 290
	363	+	person fails to repay according to the schedule, the authority may 291
	364	+	recover such amount owed plus interest through a wage execution in 292
	365	+	accordance with the provisions of section 52-361a. In addition, the 293
	366	+	authority may request the Commissioner of Administrative Services to 294
	367	+	seek reimbursement for such amount pursuant to section 12-742. 295
	368	+	Sec. 5. Section 31-49t of the general statutes is repealed and the 296
	369	+	following is substituted in lieu thereof (Effective from passage): 297
	370	+	Not later than [July 1, 2022] September 1, 2024, and annually 298
	371	+	thereafter, the authority shall report, in accordance with section 11-4a of 299 Substitute Bill No. 222
454	372
455		-	state;
456		-	(2) "Employee" means any person engaged in service to an employer
457		-	in the business of the employer;
458		-	(3) "Family violence" [means family violence, as defined] has the
459		-	same meaning as provided in section 46b-38a; [and]
460		-	(4) "Leave" includes paid or unpaid leave which may include, but is
461		-	not limited to, compensatory time, vacation time, personal days off or
462		-	other time off; and
463		-	(5) "Sexual assault" has the same meaning as provided in section 31-
464		-	57r.
465		-	(b) If an employee is a victim of family violence or sexual assault, an
466		-	employer shall permit the employee to take paid or unpaid leave during
467		-	any calendar year in which such leave is reasonably necessary (1) to seek
468		-	medical care or psychological or other counseling for physical or
469		-	psychological injury or disability for the victim, (2) to obtain services
470		-	from a victim services organization on behalf of the victim, (3) to
471		-	relocate due to such family violence or sexual assault, or (4) to
472		-	participate in any civil or criminal proceeding related to or resulting
473		-	from such family violence or sexual assault. An employer may limit
474		-	unpaid leave under this section to twelve days during any calendar
475		-	year. Leave under this section shall not affect any other leave provided
476		-	under state or federal law.
477		-	(c) If an employee's need to use leave under this section is foreseeable,
478		-	an employer may require advance notice, not to exceed seven days prior
479		-	to the date such leave is to begin, of the intention to use such leave. If an
480		-	employee's need for such leave is not foreseeable, an employer may
481		-	require an employee to give notice of such intention as soon as
482		-	practicable. Substitute Senate Bill No. 222
483	373
484		-	Public Act No. 24-5 16 of 17
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485	377
486		-	(d) Upon an employer's request, an employee who takes leave
487		-	pursuant to this section shall provide the employer a signed written
488		-	statement certifying that the leave is for a purpose authorized under this
489		-	section. The employer may also, but need not, request that the employee
490		-	provide a police or court record related to the family violence or sexual
491		-	assault or a signed written statement that the employee is a victim of
492		-	family violence or sexual assault, provided such statement is from an
493		-	employee or agent of a victim services organization, an attorney, an
494		-	employee of the [Judicial Branch's Office of Victim Services] Office of
495		-	Victim Services within the Judicial Department or the Office of the
496		-	Victim Advocate, or a licensed medical professional or other licensed
497		-	professional from whom the employee has sought assistance with
498		-	respect to the family violence or sexual assault.
499		-	(e) Nothing in this section shall be construed to (1) prevent employers
500		-	from providing more leave than is required under this section, (2)
501		-	diminish any rights provided to any employee under the terms of the
502		-	employee's employment or a collective bargaining agreement, or (3)
503		-	preempt or override the terms of any collective bargaining agreement
504		-	effective prior to October 1, 2010.
505		-	(f) Nothing in this section shall be construed to require an employer
506		-	to provide paid leave under this section if (1) the employee is not
507		-	entitled to paid leave pursuant to the terms and conditions of the
508		-	employee's employment, or (2) such paid leave exceeds the maximum
509		-	amount of leave due the employee during any calendar year, provided
510		-	the employee shall be entitled to unpaid leave under this section if paid
511		-	leave is exhausted or not provided.
512		-	(g) Any written statement or police or court record provided to an
513		-	employer pursuant to subsection (d) of this section shall be maintained
514		-	as confidential by the employer and shall not be further disclosed by the
515		-	employer except as required by federal or state law or as necessary to
516		-	protect the employee's safety in the workplace, provided the employee Substitute Senate Bill No. 222
	378	+	the general statutes, to the Office of Policy and Management and to the 300
	379	+	joint standing committees of the General Assembly having cognizance 301
	380	+	of matters relating to appropriations and the budgets of state agencies 302
	381	+	and labor, on (1) the projected and actual participation in the program, 303
	382	+	(2) the balance of the trust, (3) the reasons claimants are receiving family 304
	383	+	and medical leave compensation, (4) the success of outreach and 305
	384	+	education efforts, (5) demographic information of claimants, including 306
	385	+	gender, age, town of residence and income level, and (6) the total 307
	386	+	number of claims made and claims denied. 308
	387	+	Sec. 6. (NEW) (Effective October 1, 2024) Notwithstanding the 309
	388	+	provisions of section 3-6c of the general statutes, the Governor, in 310
	389	+	consultation with the authority, may enter into a memorandum of 311
	390	+	understanding with any federally recognized tribe located within the 312
	391	+	state to authorize employees of both the tribe and any tribally owned 313
	392	+	business to participate in the Family and Medical Leave Insurance 314
	393	+	Program. Any such participation in the program shall be governed 315
	394	+	solely by the terms of any memorandum of understanding entered into 316
	395	+	pursuant to this section. 317
	396	+	Sec. 7. Section 31-51kk of the general statutes is repealed and the 318
	397	+	following is substituted in lieu thereof (Effective October 1, 2024): 319
	398	+	As used in sections 31-51kk to 31-51qq, inclusive, as amended by this 320
	399	+	act: 321
	400	+	(1) "Eligible employee" means an employee who has been employed 322
	401	+	for at least three months immediately preceding his or her request for 323
	402	+	leave by the employer with respect to whom leave is requested; 324
	403	+	(2) "Employ" includes to allow or permit to work; 325
	404	+	(3) "Employee" means any person engaged in service to an employer 326
	405	+	in this state in the business of the employer; 327
	406	+	(4) "Employer" means a person engaged in any activity, enterprise or 328
	407	+	business who employs one or more employees, and includes any person 329 Substitute Bill No. 222
517	408
518		-	Public Act No. 24-5 17 of 17
519	409
520		-	is given notice prior to the disclosure.
521		-	(h) If an employer discharges, penalizes or threatens or otherwise
522		-	coerces an employee in violation of this section, the employee, not later
523		-	than one hundred eighty days from the occurrence of such action, may
524		-	bring a civil action for damages and for an order requiring the
525		-	employee's reinstatement or otherwise rescinding such action. If the
526		-	employee prevails, the employee shall be allowed a reasonable
527		-	attorney's fee to be fixed by the court.
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	413	+
	414	+	who acts, directly or indirectly, in the interest of an employer to any of 330
	415	+	the employees of such employer and any successor in interest of an 331
	416	+	employer. "Employer" does not include a municipality, a local or 332
	417	+	regional board of education, or a nonpublic elementary or secondary 333
	418	+	school; 334
	419	+	(5) "Employment benefits" means all benefits provided or made 335
	420	+	available to employees by an employer, including group life insurance, 336
	421	+	health insurance, disability insurance, sick leave, annual leave, 337
	422	+	educational benefits and pensions, regardless of whether such benefits 338
	423	+	are provided by practice or written policy of an employer or through an 339
	424	+	"employee benefit plan", as defined in Section 1002(3) of Title 29 of the 340
	425	+	United States Code; 341
	426	+	(6) "Family member" means a spouse, sibling, son or daughter, 342
	427	+	grandparent, grandchild or parent, or an individual related to the 343
	428	+	employee by blood or affinity whose close association the employee 344
	429	+	shows to be the equivalent of those family relationships; 345
	430	+	(7) "Grandchild" means a grandchild related to a person by (A) blood, 346
	431	+	(B) marriage, (C) adoption by a child of the grandparent, or (D) foster 347
	432	+	care by a child of the grandparent; 348
	433	+	(8) "Grandparent" means a grandparent related to a person by (A) 349
	434	+	blood, (B) marriage, (C) adoption of a minor child by a child of the 350
	435	+	grandparent, or (D) foster care by a child of the grandparent; 351
	436	+	(9) "Health care provider" means (A) a doctor of medicine or 352
	437	+	osteopathy who is authorized to practice medicine or surgery by the 353
	438	+	state in which the doctor practices; (B) a podiatrist, dentist, psychologist, 354
	439	+	optometrist or chiropractor authorized to practice by the state in which 355
	440	+	such person practices and performs within the scope of the authorized 356
	441	+	practice; (C) an advanced practice registered nurse, nurse practitioner, 357
	442	+	nurse midwife or clinical social worker authorized to practice by the 358
	443	+	state in which such person practices and performs within the scope of 359
	444	+	the authorized practice; (D) Christian Science practitioners listed with 360 Substitute Bill No. 222
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	451	+	the First Church of Christ, Scientist in Boston, Massachusetts; (E) any 361
	452	+	health care provider from whom an employer or a group health plan's 362
	453	+	benefits manager will accept certification of the existence of a serious 363
	454	+	health condition to substantiate a claim for benefits; (F) a health care 364
	455	+	provider as defined in subparagraphs (A) to (E), inclusive, of this 365
	456	+	subdivision who practices in a country other than the United States, who 366
	457	+	is licensed to practice in accordance with the laws and regulations of 367
	458	+	that country; or (G) such other health care provider as the Labor 368
	459	+	Commissioner determines, performing within the scope of the 369
	460	+	authorized practice. The commissioner may utilize any determinations 370
	461	+	made pursuant to chapter 568; 371
	462	+	(10) "Municipality" has the same meaning as provided in section 7-372
	463	+	245; 373
	464	+	[(10)] (11) "Parent" means a biological parent, foster parent, adoptive 374
	465	+	parent, stepparent, parent-in-law or legal guardian of an eligible 375
	466	+	employee or an eligible employee's spouse, an individual standing in 376
	467	+	loco parentis to an eligible employee, or an individual who stood in loco 377
	468	+	parentis to the eligible employee when the employee was a child; 378
	469	+	[(11)] (12) "Person" means one or more individuals, partnerships, 379
	470	+	associations, corporations, business trusts, legal representatives or 380
	471	+	organized groups of persons; 381
	472	+	[(12)] (13) "Reduced leave schedule" means a leave schedule that 382
	473	+	reduces the usual number of hours per workweek, or hours per 383
	474	+	workday, of an employee; 384
	475	+	[(13)] (14) "Serious health condition" means an illness, injury, 385
	476	+	impairment, or physical or mental condition that involves (A) inpatient 386
	477	+	care in a hospital, hospice, nursing home or residential medical care 387
	478	+	facility; or (B) continuing treatment, including outpatient treatment, by 388
	479	+	a health care provider; 389
	480	+	[(14)] (15) "Sibling" means a brother or sister related to a person by 390
	481	+	(A) blood, (B) marriage, (C) adoption by a parent of the person, or (D) 391 Substitute Bill No. 222
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	487	+
	488	+	foster care placement; 392
	489	+	[(15)] (16) "Son or daughter" means a biological, adopted or foster 393
	490	+	child, stepchild, legal ward, or, in the alternative, a child of a person 394
	491	+	standing in loco parentis, or an individual to whom the employee stood 395
	492	+	in loco parentis when the individual was a child; and 396
	493	+	[(16)] (17) "Spouse" means a person to whom one is legally married. 397
	494	+	Sec. 8. Section 31-51ss of the general statutes is repealed and the 398
	495	+	following is substituted in lieu thereof (Effective October 1, 2024): 399
	496	+	(a) For the purposes of this section: 400
	497	+	(1) "Employer" means a person engaged in business who has three or 401
	498	+	more employees, including the state and any political subdivision of the 402
	499	+	state; 403
	500	+	(2) "Employee" means any person engaged in service to an employer 404
	501	+	in the business of the employer; 405
	502	+	(3) "Family violence" [means family violence, as defined] has the 406
	503	+	same meaning as provided in section 46b-38a; [and] 407
	504	+	(4) "Leave" includes paid or unpaid leave which may include, but is 408
	505	+	not limited to, compensatory time, vacation time, personal days off or 409
	506	+	other time off; and 410
	507	+	(5) "Sexual assault" has the same meaning as provided in section 31-411
	508	+	57r. 412
	509	+	(b) If an employee is a victim of family violence or sexual assault, an 413
	510	+	employer shall permit the employee to take paid or unpaid leave during 414
	511	+	any calendar year in which such leave is reasonably necessary (1) to seek 415
	512	+	medical care or psychological or other counseling for physical or 416
	513	+	psychological injury or disability for the victim, (2) to obtain services 417
	514	+	from a victim services organization on behalf of the victim, (3) to 418
	515	+	relocate due to such family violence or sexual assault, or (4) to 419 Substitute Bill No. 222
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	521	+
	522	+	participate in any civil or criminal proceeding related to or resulting 420
	523	+	from such family violence or sexual assault. An employer may limit 421
	524	+	unpaid leave under this section to twelve days during any calendar 422
	525	+	year. Leave under this section shall not affect any other leave provided 423
	526	+	under state or federal law. 424
	527	+	(c) If an employee's need to use leave under this section is foreseeable, 425
	528	+	an employer may require advance notice, not to exceed seven days prior 426
	529	+	to the date such leave is to begin, of the intention to use such leave. If an 427
	530	+	employee's need for such leave is not foreseeable, an employer may 428
	531	+	require an employee to give notice of such intention as soon as 429
	532	+	practicable. 430
	533	+	(d) Upon an employer's request, an employee who takes leave 431
	534	+	pursuant to this section shall provide the employer a signed written 432
	535	+	statement certifying that the leave is for a purpose authorized under this 433
	536	+	section. The employer may also, but need not, request that the employee 434
	537	+	provide a police or court record related to the family violence or sexual 435
	538	+	assault or a signed written statement that the employee is a victim of 436
	539	+	family violence or sexual assault, provided such statement is from an 437
	540	+	employee or agent of a victim services organization, an attorney, an 438
	541	+	employee of the [Judicial Branch's Office of Victim Services] Office of 439
	542	+	Victim Services within the Judicial Department or the Office of the 440
	543	+	Victim Advocate, or a licensed medical professional or other licensed 441
	544	+	professional from whom the employee has sought assistance with 442
	545	+	respect to the family violence or sexual assault. 443
	546	+	(e) Nothing in this section shall be construed to (1) prevent employers 444
	547	+	from providing more leave than is required under this section, (2) 445
	548	+	diminish any rights provided to any employee under the terms of the 446
	549	+	employee's employment or a collective bargaining agreement, or (3) 447
	550	+	preempt or override the terms of any collective bargaining agreement 448
	551	+	effective prior to October 1, 2010. 449
	552	+	(f) Nothing in this section shall be construed to require an employer 450
	553	+	to provide paid leave under this section if (1) the employee is not 451 Substitute Bill No. 222
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	559	+
	560	+	entitled to paid leave pursuant to the terms and conditions of the 452
	561	+	employee's employment, or (2) such paid leave exceeds the maximum 453
	562	+	amount of leave due the employee during any calendar year, provided 454
	563	+	the employee shall be entitled to unpaid leave under this section if paid 455
	564	+	leave is exhausted or not provided. 456
	565	+	(g) Any written statement or police or court record provided to an 457
	566	+	employer pursuant to subsection (d) of this section shall be maintained 458
	567	+	as confidential by the employer and shall not be further disclosed by the 459
	568	+	employer except as required by federal or state law or as necessary to 460
	569	+	protect the employee's safety in the workplace, provided the employee 461
	570	+	is given notice prior to the disclosure. 462
	571	+	(h) If an employer discharges, penalizes or threatens or otherwise 463
	572	+	coerces an employee in violation of this section, the employee, not later 464
	573	+	than one hundred eighty days from the occurrence of such action, may 465
	574	+	bring a civil action for damages and for an order requiring the 466
	575	+	employee's reinstatement or otherwise rescinding such action. If the 467
	576	+	employee prevails, the employee shall be allowed a reasonable 468
	577	+	attorney's fee to be fixed by the court. 469
	578	+	This act shall take effect as follows and shall amend the following
	579	+	sections:
	580	+
	581	+	Section 1 October 1, 2024 31-49e
	582	+	Sec. 2 October 1, 2024 31-49g(b) to (g)
	583	+	Sec. 3 October 1, 2024 31-49n
	584	+	Sec. 4 October 1, 2024 31-49r
	585	+	Sec. 5 from passage 31-49t
	586	+	Sec. 6 October 1, 2024 New section
	587	+	Sec. 7 October 1, 2024 31-51kk
	588	+	Sec. 8 October 1, 2024 31-51ss
	589	+
	590	+	Statement of Legislative Commissioners:
	591	+	In Section 2(b)(5)(B), "required" was changed to "prescribed" for
	592	+	consistency with standard drafting conventions, in Section 4(b),
	593	+	"misrepresentation" was changed to "wilful misrepresentation" for Substitute Bill No. 222
	594	+
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	599	+
	600	+	consistency, and in Sections 4(f) and (g) references to "owed amount"
	601	+	were changed to "amount owed" for clarity.
	602	+
	603	+	LAB Joint Favorable Subst.
528	604