(a) The board, on behalf of the authority, and for the purpose of implementing the Paid Family and Medical Leave Insurance Program established in section 31-49g , shall adopt written procedures in accordance with the provisions of section 1-121 for the purposes of:
(1) Adopting an annual budget and plan of operations, including a requirement of board approval before such budget or plan may take effect;
(2) Adopting bylaws for the regulation of the affairs of the board and the conduct of its business;
(3) Hiring, dismissing, promoting and compensating employees of the authority and instituting an affirmative action policy;
(4) Acquiring real and personal property and personal services, including requiring board approval for any nonbudgeted expenditure in excess of five thousand dollars;
(5) Contracting for financial, legal and other professional services, and requiring that the authority solicit proposals not less than every three years for each such service used by the board;
(6) Using surplus funds to the extent authorized under sections 31-49f to 31-49t, inclusive, or any other provisions of the general statutes;
(7) Establishing an administrative process by which grievances, complaints and appeals regarding employment at the authority are reviewed and addressed by the board; and
(8) Implementing the provisions of sections 31-49e to 31-49t, inclusive, or other provisions of the general statutes, as appropriate.
(b) The Paid Family and Medical Leave Authority may:
(1) Adopt an official seal and alter the same at the pleasure of the board;
(2) Maintain an office at such place or places in the state as the board may designate;
(3) Sue and be sued, and plea and be impleaded, in its own name;
(4) Establish criteria and guidelines for the Paid Family and Medical Leave Insurance Program to be offered pursuant to this section, sections 31-49f and 31-49g and sections 31-49i to 31-49t, inclusive;
(5) Employ staff, agents and contractors as may be necessary or desirable and fix the compensation of such persons;
(6) Design, establish and operate the program to ensure transparency in the management of the program through oversight and ethics review of plan fiduciaries;
(7) Design and establish a process by which employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute a portion of their subject earnings to the trust;
(8) Evaluate and establish a process by which employers may credit employee contributions to the trust through payroll deposit;
(9) Ensure that contributions to the trust collected from employees and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall not be used for any purpose other than providing compensation to covered employees, educating and informing persons about the program and paying the operational, administrative and investment costs of the program;
(10) Establish and maintain a secure Internet web site that displays all public notices issued by the authority and such other information as the authority deems relevant and necessary for the implementation of the program and for the education of the public regarding the program;
(11) Establish policies, or written procedures in accordance with the provisions of section 1-121, as appropriate, including, but not limited to, policies or procedures:
(A) Establishing a process to determine whether an individual meets the requirements for compensation under this section, including the certification required for establishing eligibility for such compensation;
(B) Establishing methods by which any books, records, documents, contracts or other papers relevant to the eligibility of a covered employee shall be examined, or caused to be produced or examined;
(C) Establishing methods by which witnesses who provide information relevant to a covered employee's claim for family and medical leave compensation may be summoned and examined under oath;
(D) Ensuring the confidentiality of records and documents relating to medical certifications, recertifications and medical histories of covered employees and covered employees' family members pursuant to section 31-51oo;
(E) Establishing the percentage of subject earnings each employee and self-employed individuals or sole proprietors who have enrolled in the program pursuant to section 31-49m shall contribute to the Family and Medical Leave Insurance Trust Fund, provided such percentage shall not exceed one-half of one per cent;
(F) Certifying the ongoing solvency of the Family and Medical Leave Insurance Trust Fund and adjusting the compensation offered to covered employees as necessary to ensure the solvency of the fund as provided in subdivision (3) of subsection (c) of section 31-49g, provided the contribution percentage established by the Authority pursuant to subdivision (5) of this section has reached the statutory maximum; and
(G) Determining whether an employer meets the requirements for the administration of a private plan, including the approval, oversight and termination of such private plan, and developing any potential alternate measure of subject earnings for the purposes of calculating compensation under such plans;
(12) Notwithstanding any provision of the general statutes, and to the extent consistent with federal law, (A) use state administrative data collected by any agency for the purposes of carrying out and implementing such program, including, but not limited to, eligibility determination, benefit calculation, program planning, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact; and (B) share user data and other data collected through program administration with other state agencies for purposes, including, but not limited to, improving delivery of benefits and services to program participants and other persons, streamlining eligibility determination for programs administered by other agencies, recipient outreach and continuous improvement and program evaluation, including assessment of longitudinal impact. Expenses incurred for activities undertaken pursuant to this subdivision, as well as compensation paid to other state agencies for any associated costs, shall be considered appropriate administrative expenses of the program.
(13) Enter into agreements with any department, agency, office or instrumentality of the United States or this state to carry out the purposes of the program, including, but not limited to:
(A) Memoranda of understanding with the Labor Department and other state agencies regarding (i) the gathering or dissemination of information necessary for the operations of the program, subject to such obligations of confidentiality as may be agreed or required by law, (ii) the sharing of costs incurred pursuant to the gathering and dissemination of such information, and (iii) the reimbursement of costs for any enforcement activities conducted pursuant to section 31-49r. Each state agency may also enter into such memoranda of understanding;
(B) Memoranda of understanding with the Department of Revenue Services and the Labor Department for (i) the collection of employee contributions, and (ii) the reimbursement of costs by the authority for any costs incurred related to the collection of employee contributions. The Department of Revenue Services and the Labor Department shall also enter into such memoranda of understanding; and
(C) Memoranda of understanding with the Labor Department for (i) the adjudication of claims by covered employees aggrieved by a denial of compensation under the Family and Medical Leave Insurance Program, and (ii) the reimbursement of costs by the authority for any costs incurred by the Labor Department related to the adjudication of contested claims or penalties imposed pursuant to section 31-49r. The Labor Department shall also enter into such memoranda of understanding.
(14) Make and enter into any contract or agreement necessary or incidental to the performance of its duties and execution of its powers. The contracts and agreements entered into by the authority shall not be subject to the approval of any other state department, office or agency, provided copies of all such contracts shall be maintained by the authority as public records, subject to the proprietary rights of any party to such contracts. No contract shall contain any provision in which any contractor derives any direct or indirect economic benefit from denying or otherwise influencing the outcome of any claim for benefits. The standard criteria for the evaluation of proposals relating to claims processing, web site development, database development, marketing and advertising, in the event the authority seeks the services of an outside contractor for such tasks, and for the evaluation of proposals relating to all other contracts in amounts equal to or exceeding two hundred fifty thousand dollars shall include, but need not be limited to: (A) Transparency, (B) cost, (C) efficiency of operations, (D) quality of work related to the contracts issued, (E) user experience, (F) accountability, and (G) a cost-benefit analysis documenting the direct and indirect costs of such contracts, including qualitative and quantitative benefits that will result from the implementation of such contracts. The establishment of additional standard criteria shall be approved by a two-thirds vote of the board after such criteria have been posted on a public Internet web site maintained by the authority for notice and comment for at least one week prior to such vote.
(15) Do all things necessary or convenient to carry out the provisions of sections 31-49e to 31-49t, inclusive.
(P.A. 19-25, S. 4; 19-117, S. 234.)
History: P.A. 19-25 effective June 25, 2019; P.A. 19-117 amended Subsec. (b)(14) by deleting reference to Subsec. (c), and adding provision re criteria for evaluation of certain proposals, deleted former Subsec. (c) re board of directors issuance of requests for proposals, and made technical changes, effective June 26, 2019.
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.