(a) The Paid Family and Medical Leave Insurance Authority shall establish and administer the Paid Family and Medical Leave Insurance Program to provide up to twelve weeks of family and medical leave compensation to covered employees during any twelve-month period, as well as two additional weeks of compensation to a covered employee for a serious health condition resulting in incapacitation that occurs during a pregnancy.
(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 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 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.
(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 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.
(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.
(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 elects to have income tax deducted and withheld from his or her 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 covered employee shall receive compensation under this section concurrently with compensation under chapter 567 or 568 or any other state or federal program that provides wage replacement.
(h) (1) Any moneys expended from the General Fund for the purpose of administering the Family and Medical Leave Insurance Program, or providing compensation to covered employees, shall be reimbursed to the General Fund not later than October 1, 2022.
(2) Any moneys expended from any bond authorizations allocated to the authority for the purpose of administering the Family and Medical Leave Insurance Program shall be reimbursed to the General Fund according to a plan to be established by the Secretary of the Office of Policy and Management, in consultation with the State Treasurer. Such plan shall provide for a repayment schedule that provides for repayment by the authority of the debt service deemed attributable to such bond authorizations. Such repayment shall commence during the fiscal year ending June 30, 2023, and shall continue until repayment is complete, according to the terms of the plan. The authority may repay unpaid amounts earlier than the plan established by the secretary.
(P.A. 19-25, S. 3; June Sp. Sess. P.A. 21-2, S. 7.)
History: P.A. 19-25 effective June 25, 2019; June Sp. Sess. P.A. 21-2 amended Subsec. (h) to designate existing provision as Subdiv. (1) and to add Subdiv. (2) re reimbursement to General Fund of moneys expended from bond authorizations and plan for repayment of debt service attributable to bond authorizations, effective June 23, 2021.
Structure Connecticut General Statutes
Chapter 557 - Employment Regulation
Section 31-12. - Hours of labor of minors in manufacturing or mechanical establishments.
Section 31-13. - Hours of labor of minors in mercantile establishments.
Section 31-13b. - Visible clock required as part of time card system.
Section 31-14. - Night work of minors regulated.
Section 31-15a. - Criminal penalty.
Section 31-16. - Night work in messenger service.
Section 31-18. - Hours of labor of minors in certain other establishments.
Section 31-21. - Legal day's work.
Section 31-22. - Labor Commissioner's duties of enforcement and reports.
Section 31-22m. (Formerly Sec. 31-51a). - Apprenticeship. Definitions.
Section 31-22n. (Formerly Sec. 31-51b). - Apprenticeship council.
Section 31-22o. (Formerly Sec. 31-51c). - Powers and duties of council.
Section 31-22p. (Formerly Sec. 31-51d). - Labor Commissioner's powers and duties.
Section 31-22q. (Formerly Sec. 31-51e). - Program of apprentice training. Informational campaign.
Section 31-22r. - Apprenticeship registration; apprentices, sponsors.
Section 31-22s. - Report re feasibility of on-line apprenticeship registration system.
Section 31-22t. (Formerly Sec. 31-51j). - Preclusion of apprentice training programs prohibited.
Section 31-22u. - Military training evaluation.
Section 31-22v. - Office of apprenticeship training. Internet web site.
Section 31-23. - Employment of minors prohibited in certain occupations. Exceptions.
Section 31-24. - Hazardous employment of children forbidden.
Section 31-25. - Operation of elevators by minors.
Section 31-28. - Registration of manufacturing and mechanical establishments.
Section 31-29. - Manufacturing license for residential buildings.
Section 31-30. - Home workers.
Section 31-31. - Records of home workers and materials.
Section 31-33. - Regulation of industrial home work.
Section 31-34. - Stained glass windows.
Section 31-35. - Lighting and sanitary condition of factories and roundhouses.
Section 31-36. - Toilet room required in foundries. Penalty.
Section 31-38. - Toilet accommodations on tobacco plantations.
Section 31-39. - Employees in paper factory to be vaccinated.
Section 31-40c. - Information and notice requirements for employers using or producing carcinogens.
Section 31-40d. - Complaints of violations. Inspections. Discrimination prohibited.
Section 31-40e. - Order to comply. Citation. Hearing. Appeal.
Section 31-40f. - Penalties. Duties of Labor Commissioner. Private right of action.
Section 31-40h. - Sterilization as condition of employment prohibited.
Section 31-40i. - Enforcement. Private right of action.
Section 31-40j. - Definitions.
Section 31-40k. - Employee's right to information concerning toxic substances. Employer's list.
Section 31-40l. - Information requirements for employer using or producing toxic substances.
Section 31-40n. - Trade secret protections. Registration with Labor Commissioner.
Section 31-40o. - Discrimination prohibited. Waiver of rights void.
Section 31-40p. - Severability.
Section 31-40s. - Smoking or use of tobacco products outside of the workplace.
Section 31-40v. - Establishment of safety and health committees by certain employers.
Section 31-40w. - Breastfeeding in the workplace.
Section 31-40y. - Employer harassment of and discrimination against interns prohibited.
Section 31-41. - Order to remove excessive dust.
Section 31-42. - Appliances for threading shuttles.
Section 31-43. - Public laundries; sanitation.
Section 31-44. - Penalty for violation of orders.
Section 31-45. - Emergency kits required in factories.
Section 31-45a. - Protection of feet.
Section 31-47. - Inspection of employee lodging houses.
Section 31-48. - Laborers not to be overcharged.
Section 31-48a. - Recruitment or referral of professional strikebreaker restricted.
Section 31-48c. - Hiring of municipal police during labor dispute prohibited.
Section 31-49. - Care required of a master for his servant's safety.
Section 31-49e. - Paid family and medical leave. Definitions.
Section 31-49f. - Paid Family and Medical Leave Insurance Authority established.
Section 31-49i. - Family and Medical Leave Insurance Trust Fund established.
Section 31-49j. - Duties of State Treasurer.
Section 31-49k. - State Treasurer. Investments.
Section 31-49l. - Board of directors. Responsibilities.
Section 31-49o. - Private plans. Approval of. Conditions.
Section 31-49q. - Written notice required of employer.
Section 31-49s. - Employer providing more expansive benefits.
Section 31-49t. - Authority's annual report.
Section 31-50a. - Noncompete agreements: Security guards.
Section 31-50b. - Noncompete agreements: Broadcast employees.
Section 31-51. - Blacklisting.
Section 31-51aa. - Drug testing: Effect of collective bargaining agreement.
Section 31-51bb. - Right of employee to pursue cause of action.
Section 31-51f. - Participation in Manpower Development and Training Act.
Section 31-51g. - Use of polygraph prohibited. Penalty. Exceptions.
Section 31-51ii. - Meal periods. Exemptions. Regulations.
Section 31-51jj. - Notice to employees of incoming emergency telephone calls.
Section 31-51k. - Employment of alien not entitled to residence.
Section 31-51kk. - Family and medical leave: Definitions.
Section 31-51mm. - Family and medical leave: Certification.
Section 31-51n. - Definitions.
Section 31-51nn. - Family and medical leave: Employment and benefits protection.
Section 31-51oo. - Family and medical leave: Confidentiality of medical records and documents.
Section 31-51p. - Membership in health care center as part of health benefits plan.
Section 31-51pp. - Family and medical leave: Prohibited acts, complaints, rights and remedies.
Section 31-51qq. - Family and medical leave: Regulations.
Section 31-51r. - Execution of employment promissory note prohibited.
Section 31-51rr. - Family and medical leave benefits for employees of political subdivisions.
Section 31-51t. - Drug testing: Definitions.
Section 31-51u. - Drug testing: Requirements.
Section 31-51uu. - Optional exclusion of employee health insurance premiums from gross income.
Section 31-51v. - Drug testing: Prospective employees.
Section 31-51vv. - Employment of person coerced to engage in such employment prohibited.
Section 31-51w. - Drug testing: Observation prohibited. Privacy of results.
Section 31-51x. - Drug testing: Reasonable suspicion required. Random tests.
Section 31-51z. - Drug testing: Enforcement. Damages.
Section 31-51aaa. - Individual Development Account Reserve Fund: Use and administration.
Section 31-51ccc. - Program evaluation. Report.
Section 31-51ddd. - Regulations.
Section 31-51eee. - Receipt of funds authorized.
Section 31-51fff. - Restrictions on funding expenditures to apply.
Section 31-51ww. - Individual development account programs: Definitions.
Section 31-51xx. - Connecticut IDA Initiative established. Implementation.
Section 31-51yy. - Eligibility. Duties of community-based organizations and financial institutions.
Section 31-51zz. - Individual Development Account Reserve Fund: Funds deposited in.
Section 31-52a. - Residents' preference in work on other public facilities.
Section 31-54. - Rate of wages for work on state highways.
Section 31-55. - Posting of wage rates by contractors doing state work.
Section 31-55a. - Annual adjustments to wage rates by contractors doing state work.
Section 31-56. - Hours of labor on state bridges.
Section 31-56a. - Definitions.
Section 31-56b. - Project labor agreements for public works projects.
Section 31-56c. - Use of project labor agreement re public school design-build contract.
Section 31-56d. - Severability.
Section 31-57. - Hours of labor on construction, alteration or repair of public works project.
Section 31-57a. - Awarding of contracts to National Labor Relations Act violators prohibited.
Section 31-57b. - Awarding of contracts to occupational safety and health law violators prohibited.
Section 31-57i. - Employee Misclassification Advisory Board. Members. Duties.
Section 31-57r. - Definitions.
Section 31-57t. - Permitted uses for sick leave.
Section 31-57u. - Additional leave. Donation of unused leave. Breaks in service.
Section 31-57w. - Notice to service workers of sick leave requirements. Regulations.
Section 31-57x. - Paid family and medical leave program. Implementation plan. Report.
Section 31-57y. - Unpaid time off for purposes of voting at an election.
Section 31-57z. - Education assistance programs. Notice to employees.