SB 1002 — AN ACT CONCERNING LABOR ISSUES RELATED TO COVID-19, PERSONAL PROTECTIVE EQUIPMENT AND OTHER STAFFING MATTERS.

4641002 10department sSB1002or Filea No.municipal constabulary, arises from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt, or (III) in the case of [a police officer, parole officer or firefighter] an eligible individual as defined in section 31-294k, as amended by this act, is a diagnosis of post-traumatic stress [disorder] injury as defined in section 31-294k, as amended by this act, that meets all the requirements of section 31-294k, as amended by this act.

464 department or a municipal constabulary, arises from such police officer's use of deadly force or subjection to deadly force in the line of duty, regardless of whether such police officer is physically injured, provided such police officer is the subject of an attempt by another person to cause such police officer serious physical injury or death through the use of deadly force, and such police officer reasonably believes such police officer to be the subject of such an attempt, or (III) in the case of [a police officer, parole officer or firefighter] an eligible individual as defined in section 31-294k, as amended by this act, is a diagnosis of post-traumatic stress [disorder] injury as defined in section 31-294k, as amended by this act, that meets all the requirements of section 31-294k, as amended by this act.

sSB1002LCO /{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0111 Fileof 51 R02-SB.docx } Substitute Bill No.

4641002 11(1) sSB1002"COVID-19" Filemeans No.the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease;

464 (1) "COVID-19" means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease;

[(4)]LCO (8){\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0112 "Parole officer" means an employee of the51 DepartmentR02-SB.docx of} sSB1002Substitute /Bill File No.

4641002 12[(4)] sSB1002(8) File"Parole No.officer" means an employee of the Department of Correction who supervises inmates in the community after their release from prison on parole or under another prison release program;

464 Correction who supervises inmates in the community after their release from prison on parole or under another prison release program;

[(E)] (v) Carries an injured person who subsequently dies before or upon admission at a hospital as a result of the injury and not as a result LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-010013 of any51 otherR02-SB.docx intervening} cause;Substitute Bill No.

or1002 [(F)]of (vi)any Witnessesother aintervening traumaticcause; physical injury that results in the loss sSB1002 / File No.

464or 13[(F)] sSB1002(vi) FileWitnesses No.a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in permanent disfigurement of the victim;

464 of a vital body part or a vital body function that results in permanent disfigurement of the victim;

(b) A diagnosis of post-traumatic stress [disorder] injury is compensable as a personal injury as described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, ifLCO a{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0114 mental health professional examines [a police officer, parole officer or firefighter] the eligible individual and diagnoses the [officer or firefighter] individual with a post-traumatic stress [disorder] injury as a direct result of a51 qualifyingR02-SB.docx event,} providedSubstitute (1)Bill the post-traumatic stress sSB1002 / File No.

4641002 14if sSB1002a Filemental No.health professional examines [a police officer, parole officer or firefighter] the eligible individual and diagnoses the [officer or firefighter] individual with a post-traumatic stress [disorder] injury as a direct result of a qualifying event, provided (1) the post-traumatic stress [disorder] injury resulted from [the officer or firefighter] (A) the eligible individual acting in the line of duty if such individual is a police officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider, (2) a qualifying event was a substantial factor in causing the [disorder, (3) such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) the post-traumatic stress [disorder] injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action of the [officer or firefighter] eligible individual.

464 [disorder] injury resulted from [the officer or firefighter] (A) the eligible individual acting in the line of duty if such individual is a police officer, firefighter, emergency medical services personnel, Department of Correction employee or telecommunicator and, in the case of a firefighter, such firefighter complied with Federal Occupational Safety and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 CFR 1910.156, or (B) the eligible individual acting the course of employment if such individual is a health care provider, (2) a qualifying event was a substantial factor in causing the [disorder, (3) such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder] injury, and [(4)] (3) the post-traumatic stress [disorder] injury did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action of the [officer or firefighter] eligible individual.

If the employer or the employer's legal representative fails to file the notice contesting liability on or before the twenty-eighth day after receiving the written notice of claim, the employer shall commence paymentLCO ofcompensationfor{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0115 suchinjury onor before thetwenty-eighth day after receiving the written notice of claim,51 butR02-SB.docx the} employerSubstitute mayBill contest the employee's right to receive compensation on any grounds or the extent of the employee's disability within one hundred eighty days from the receipt of the written notice of claim and any benefits paid sSB1002 / File No.

4641002 15payment sSB1002ofcompensationfor Filesuchinjury No.onor before thetwenty-eighth day after receiving the written notice of claim, but the employer may contest the employee's right to receive compensation on any grounds or the extent of the employee's disability within one hundred eighty days from the receipt of the written notice of claim and any benefits paid during the one hundred eighty days shall be considered payments without prejudice, provided the employer shall not be required to commence payment of compensation when the written notice of claim has not been properly served in accordance with section 31-321 or when the written notice of claim fails to include a warning that the employer (1) if the employer has commenced payment for the alleged injury on or before the twenty-eighth day after receiving a written notice of claim, shall be precluded from contesting liability unless a notice contesting liability is filed within one hundred eighty days from the receipt of the written notice of claim, and (2) shall be conclusively presumed to have accepted the compensability of the alleged injury unless the employer either files a notice contesting liability on or before the twenty-eighth day after receiving a written notice of claim or commences payment for the alleged injury on or before such twenty-eighth day.

464 during the one hundred eighty days shall be considered payments without prejudice, provided the employer shall not be required to commence payment of compensation when the written notice of claim has not been properly served in accordance with section 31-321 or when the written notice of claim fails to include a warning that the employer (1) if the employer has commenced payment for the alleged injury on or before the twenty-eighth day after receiving a written notice of claim, shall be precluded from contesting liability unless a notice contesting liability is filed within one hundred eighty days from the receipt of the written notice of claim, and (2) shall be conclusively presumed to have accepted the compensability of the alleged injury unless the employer either files a notice contesting liability on or before the twenty-eighth day after receiving a written notice of claim or commences payment for the alleged injury on or before such twenty-eighth day.

(d)LCO Notwithstanding{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0116 any provision of this51 chapter,R02-SB.docx workers'} compensationSubstitute benefitsBill for any [police officer, parole officer or firefighter] eligible individual for a personal injury described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, shall (1) include any combination of medical sSB1002 / File No.

4641002 16(d) sSB1002Notwithstanding Fileany No.provision of this chapter, workers' compensation benefits for any [police officer, parole officer or firefighter] eligible individual for a personal injury described in subparagraph (B)(ii)(III) of subdivision (16) of section 31-275, as amended by this act, shall (1) include any combination of medical treatment prescribed by a board-certified psychiatrist or a licensed psychologist, temporary total incapacity benefits under section 31-307 andtemporarypartialincapacitybenefitsundersubsection(a)ofsection 31-308, and (2) be provided for a maximum of fifty-two weeks from the date of diagnosis.

464 treatment prescribed by a board-certified psychiatrist or a licensed psychologist, temporary total incapacity benefits under section 31-307 andtemporarypartialincapacitybenefitsundersubsection(a)ofsection 31-308, and (2) be provided for a maximum of fifty-two weeks from the date of diagnosis.

(2) "COVID-19" means the respiratory disease designated by the WorldLCO Health{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01017 Organizationof on51 FebruaryR02-SB.docx 11,} 2020,Substitute asBill coronavirusNo. 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease;

1002 World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease;

sSB1002(4) /"Employer" Filemeans No.any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of atemporary service or staffing agency or similar entity, conducts an enterprise and employs or exercises control over the wages, hours or working conditions of any employee;

464 17 sSB1002 File No.

464 (4) "Employer" means any person, including a corporate officer or executive, who directly or indirectly or through an agent or any other person, including through the services of atemporary service or staffing agency or similar entity, conducts an enterprise and employs or exercises control over the wages, hours or working conditions of any employee;

(b)LCO Each{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0118 employer shall send to each of its51 laid-offR02-SB.docx employees,} inSubstitute writingBill toNo. such employee's last-known physical address and electronic mail address, and in a text message to such employee's mobile phone, notice of all job positions that become available at the employer for whichthelaid-offemployeeisqualified.Alaid-offemployeeisqualified for a position if the employee:

(1)1002 Held(b) theEach sameemployer orshall similarsend positionto ateach theof enterpriseits atlaid-off theemployees, timein writing to such employee's last-known physical address and electronic mail address, and in a text message to such employee's mobile phone, notice of all job positions that become available at the employee'semployer mostfor recentwhichthelaid-offemployeeisqualified.Alaid-offemployeeisqualified separationfor froma sSB1002position /if Filethe No.employee:

464(1) 18Held sSB1002the Filesame No.or similar position at the enterprise at the time of the employee's most recent separation from active service with the employer;

464 active service with the employer;

A laid-off employee who declines an offer due to his or her age, underlying health conditions of himself or herself or of a family member or other person living in his or her household shall retain his or her right to accept the position and shall retain all other rights under this section until both (1) the expiration of the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, and any extension of such emergency declarations, and (2) the laid-off employeeLCO is{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0119 reofferedof the51 position.R02-SB.docx } Substitute Bill No.

1002 employee is reoffered the position.

Such notice shall identify the person hired in lieu of rehiring the laid-off employee, the reasons for such decision and all demographic data the sSB1002employer /has Fileregarding No.such new hire and the laid-off employee who was not rehired.

464 19 sSB1002 File No.

464 employer has regarding such new hire and the laid-off employee who was not rehired.

(h) No employer shall terminate, refuse to reemploy, reduce compensation or otherwise take any adverse action against any person seeking to enforce hisor her rightsunder thissectionor for participating inLCO proceedings{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0120 related to this section, opposing the violation of any51 provisionR02-SB.docx of} thisSubstitute sectionBill orNo. otherwise asserting rights under this section.

(i)1002 Anin employerproceedings thatrelated terminates, refuses to reemploythis orsection, takesopposing any other adverse action against any laid-off employee shall provide to the employee,violation at or before the time of theany termination,provision refusal to reemploy or other adverse action, a detailed written statement of thethis reasonsection or reasonsotherwise forasserting therights termination,under refusalthis tosection. reemploy or other adverse action, including all the facts substantiating the reason or reasons and all facts sSB1002 / File No.

464(i) 20An sSB1002employer Filethat No.terminates, refuses to reemploy or takes any other adverse action against any laid-off employee shall provide to the employee, at or before the time of the termination, refusal to reemploy or other adverse action, a detailed written statement of the reason or reasons for the termination, refusal to reemploy or other adverse action, including all the facts substantiating the reason or reasons and all facts known to the employer that contradict the substantiating facts.

464 known to the employer that contradict the substantiating facts.

(k)LCO The{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0121 provisions of this51 sectionR02-SB.docx shall} applySubstitute toBill eachNo. laid-off employee, whether or not such laid-off employee is represented for purposes of collective bargaining or is covered by a collective bargaining agreement, and may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.

1002 (k) The provisions of this section shall apply to each laid-off employee, whether or not such laid-off employee is represented for purposes of collective bargaining or is covered by a collective bargaining agreement, and may be waived in a bona fide collective bargaining agreement but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.

Nothing in this section sSB1002shall /be Fileconstrued No.to invalidate or limit the rights, remedies and procedures of any contract or agreement that provides equal or greater protection for laid-off employees than provided by this section and it shall not be a violation of this section for an employer to follow an order of preference for rehiring laid-off employees required by a collective bargaining agreement that is different from the order of preference required by this section.

464 21 sSB1002 File No.

464 shall be construed to invalidate or limit the rights, remedies and procedures of any contract or agreement that provides equal or greater protection for laid-off employees than provided by this section and it shall not be a violation of this section for an employer to follow an order of preference for rehiring laid-off employees required by a collective bargaining agreement that is different from the order of preference required by this section.

Each stockpile shall be gradually filled to a capacityLCO determined{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01022 by the commissioner, provided at least one third of the51 capacityR02-SB.docx of} theSubstitute stockpileBill shallNo. be filled each year until capacity is met.

1002 capacity determined by the commissioner, provided at least one third of the capacity of the stockpile shall be filled each year until capacity is met.

(c) One stockpile shall consist of personal protective equipment approved for use by a federal agency and one stockpile shall consist of personal protective equipment approved for use by the Department of Public Health, in consultation with the Department of Administrative sSB1002Services /and Filethe No.Division of Emergency Management and Homeland Security.

464 22 sSB1002 File No.

464 Services and the Division of Emergency Management and Homeland Security.

(A) Private nursing homes in this state, (B) federally qualified healthcare centers in this state, (C) hospitals, (D) nonprofit hospitals and entities that provide direct medical care in this state, (E) public school districts in this state, andLCO (F){\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0123 privateof schools51 andR02-SB.docx nonpublic} charterSubstitute schoolsBill inNo. this state.

1002 and (F) private schools and nonpublic charter schools in this state.

The report shall include data on the price paid by the state sSB1002for /the Filepersonal No.protective equipment and data on any personal protective equipment sold by the state.

464 23 sSB1002 File No.

464 for the personal protective equipment and data on any personal protective equipment sold by the state.

(2) "Health care provider" has the same meaning as provided in section19a-17b ofthegeneralstatutes,except that "healthcare provider" doesLCO not{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0124 include an independent medical practice that is owned and operated, or maintained as a clinic or office, by one or more licensed physicians and used as an office for the practice of their51 profession,R02-SB.docx within} theSubstitute scopeBill ofNo. their license, regardless of the name used publicly to identify the place or establishment unless the medical practice is operated or maintained exclusively as part of an integrated health system or health facility;

(3)1002 "Long-termdoes carenot provider"include meansan independent medical practice that is owned and operated, or maintained as a homeclinic healthor careoffice, agency,by homeone healthor aidemore agency,licensed behavioralphysicians healthand facility,used alcoholas an office for the practice of their profession, within the scope of their license, regardless of the name used publicly to identify the place or drugestablishment treatmentunless facility,the assistedmedical livingpractice servicesis agencyoperated or nursingmaintained home,exclusively eachas sSB1002part /of Filean No.integrated health system or health facility;

464(3) 24"Long-term sSB1002care Fileprovider" No.means a home health care agency, home health aide agency, behavioral health facility, alcohol or drug treatment facility, assisted living services agency or nursing home, each as defined in section 19a-490 of the general statutes;

464 as defined in section 19a-490 of the general statutes;

and (7) "Personal protective equipment" or "PPE" means specialized clothing or equipment worn by an employee for protection against infectiousdisease and materials,including,but notlimitedto,notlimitedto,protective protective equipment for the eyes, face, head and extremities, protective clothing and protective shields and barriers.

Each covered provider shall provide an inventory of its PPE to the department upon request from the department.Exceptasprovidedinsubsections(d)and(e)ofthissection,LCO a{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0125 coveredof provider51 thatR02-SB.docx violates} thisSubstitute subsectionBill shallNo. be subject to a civil penalty in the amount of twenty-five thousand dollars.

1002 department.Exceptasprovidedinsubsections(d)and(e)ofthissection, a covered provider that violates this subsection shall be subject to a civil penalty in the amount of twenty-five thousand dollars.

(d) Any covered provider may apply to the department, in writing, sSB1002for /a Filewaiver No.of some or all of the PPE inventory requirements described in subsection (b) of this section.

464 25 sSB1002 File No.

464 for a waiver of some or all of the PPE inventory requirements described in subsection (b) of this section.

(e) (1) The department may exempt a covered provider from the civil penalty under subsection (b) of this section if the department determines that supply chain limitations make meeting the required supply level infeasible, and (A) a covered provider has made a reasonable attempt, as determined by the department, to obtain PPE, or (B) the covered provider shows that meeting the required supply level is not possible due to issues beyond the covered provider's control, such asthecoveredasthe covered provider orderedthePPEbut suchorder wasnot fulfilled by the manufacturer or distributor or the PPE was damaged in transit or stolen.

(2) A covered provider shall not be assessed a civil penalty under subsection (b) of this section if the covered provider's PPE inventory fallsbelowtherequiredsupplylevelasaresultofthecoveredprovider's distribution of PPE to its health care workers or long-term care workers, or to another covered provider's workers, during a state of emergency declaredLCO by{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0126 theof Governor51 orR02-SB.docx a} declaredSubstitute localBill emergencyNo. for a pandemic or other health emergency, provided the covered provider replenishes its inventory to the required supply level not later than thirty days after the date the inventory falls below the required supply level if the department has determined there is not a supply limitation.

1002 declared by the Governor or a declared local emergency for a pandemic or other health emergency, provided the covered provider replenishes its inventory to the required supply level not later than thirty days after the date the inventory falls below the required supply level if the department has determined there is not a supply limitation.

Such regulations shall (1) establish requirements for the surge capacity levels described in subsection (b) of this section, including, but sSB1002not /limited Fileto, No.the types and amount of PPE to be maintained by the covered provider based on the type and size of each covered provider, as well as the composition of health care workers and long-term care workers in its workforce, and (2) not establish policies or standards that are less protective or prescriptive than any federal, state or local law on PPE standards.

464 26 sSB1002 File No.

464 not limited to, the types and amount of PPE to be maintained by the covered provider based on the type and size of each covered provider, as well as the composition of health care workers and long-term care workers in its workforce, and (2) not establish policies or standards that are less protective or prescriptive than any federal, state or local law on PPE standards.

(b)LCO Each{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0127 acute care hospital and nursing home shall post such data to such hospital's and nursing home's Internet web site each day during the time period of the51 publicR02-SB.docx health} andSubstitute civilBill preparednessNo. emergencies declared by the Governor on March 10, 2020, or any extension of such time periods, and quarterly after such time period has expired.

1002 (b) Each acute care hospital and nursing home shall post such data to such hospital's and nursing home's Internet web site each day during the time period of the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such time periods, and quarterly after such time period has expired.

sSB1002(1) /"Covered Fileweek" No.means any week within the eligible time period in which a covered employee was required to perform work for an employer at the job site or away from the covered employee's home;

464 27 sSB1002 File No.

464 (1) "Covered week" means any week within the eligible time period in which a covered employee was required to perform work for an employer at the job site or away from the covered employee's home;

(7)"Firstresponder"meansany(A)peaceofficer,asdefinedinsectionLCO 53a-3{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0128 of the51 generalR02-SB.docx statutes,} (B)Substitute firefighter,Bill asNo. defined in section 7-313g of the general statutes, (C) person employed as a firefighter by a private employer, (D) ambulance driver, emergency medical responder, emergency medicaltechnician,advancedemergency medicaltechnician or paramedic, each as defined in section 19a-175 of the general statutes, or (E) telecommunicator, as defined in section 28-30 of the general statutes;

and1002 (8)(7)"Firstresponder"meansany(A)peaceofficer,asdefinedinsection "Specialized53a-3 riskof employee"the meansgeneral anystatutes, (A)(B) personfirefighter, employedas defined in asection category7-313g recommendedof by the Centersgeneral forstatutes, Disease(C) Controlperson andemployed Prevention'sas Advisorya Committeefirefighter onby Immunizationa Practicesprivate asemployer, of(D) Februaryambulance 20,driver, 2021,emergency tomedical receiveresponder, aemergency COVID-19medicaltechnician,advancedemergency vaccinationmedicaltechnician or paramedic, each as defined in phasesection 1a19a-175 of the COVD-19general vaccinationstatutes, program,or (B)(E) firsttelecommunicator, responder,as (C)defined employeein sSB1002section /28-30 Fileof No.the general statutes;

464and 28(8) sSB1002"Specialized Filerisk No.employee" means any (A) person employed in a category recommended by the Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices as of February 20, 2021, to receive a COVID-19 vaccination in phase 1a of the COVD-19 vaccination program, (B) first responder, (C) employee required to work in congregate settings or with persons infected with COVID-19, or (D) personal care attendant, as defined in section 17b-706 of the general statutes.

464 required to work in congregate settings or with persons infected with COVID-19, or (D) personal care attendant, as defined in section 17b-706 of the general statutes.

The department shall issue such grants requested on the grant application not later than thirty days afterLCO the{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0129 date grant applications are due, provided if the amount appropriated to the program under subsection (a) of this51 sectionR02-SB.docx is} insufficientSubstitute toBill fundNo. the full amount of such grants, the department shall prorate each grant by such amount as is necessary to issue a grant payment to each employer who submitted an application.

1002 after the date grant applications are due, provided if the amount appropriated to the program under subsection (a) of this section is insufficient to fund the full amount of such grants, the department shall prorate each grant by such amount as is necessary to issue a grant payment to each employer who submitted an application.

Such compensation shall be inadditionto allother compensation,including wages,remunerationor other pay and benefits the covered employee otherwise receives from the employer, and shall be paid in an amount (1) equal to five dollars per hour worked for essential employees and ten dollars per hour sSB1002worked /for Filespecialized No.risk employees if the employer received a grant in the full amount for which the employer applied, or (2) prorated as necessary to distribute the grant funds to each covered employee if the employer received a grant in an amount less than the amount for which the employer applied.

464 29 sSB1002 File No.

464 worked for specialized risk employees if the employer received a grant in the full amount for which the employer applied, or (2) prorated as necessary to distribute the grant funds to each covered employee if the employer received a grant in an amount less than the amount for which the employer applied.

If any covered employee does not otherwise regularly receive any such paystub or other document from the employer, the employer shall provideLCO such{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0130 paystub or other document to the covered employee for the duration of the51 periodR02-SB.docx in} whichSubstitute theBill employerNo. provides additional compensation under subsection (a) of this section.

1002 provide such paystub or other document to the covered employee for the duration of the period in which the employer provides additional compensation under subsection (a) of this section.

(2) An employer shall not take any action to displace a covered employee or partially displace a covered employee by reducing hours, wages or employment benefits for the purposes of hiring an individual sSB1002for /an Fileequivalent No.position at a rate of compensation that is less than required to be provided to a covered employee under subdivision (1) of this subsection.

464 30 sSB1002 File No.

464 for an equivalent position at a rate of compensation that is less than required to be provided to a covered employee under subdivision (1) of this subsection.

(NEW) (Effective from passage) (a) Any employer who fails to apply for a grant pursuant to section 13 of this act and any employer who receives a grant and fails to make a payment of additional compensationorLCO otherwise{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0131 causesanemployee to incur alossasaresult of a51 violationR02-SB.docx of} anySubstitute provisionBill ofNo. section 14 of this act, shall be subject to the provisions of sections 31-68 and 31-71g of the general statutes, as amended by this act, for failure to make wage payments.

1002 compensationor otherwise causesanemployee to incur alossasaresult of a violation of any provision of section 14 of this act, shall be subject to the provisions of sections 31-68 and 31-71g of the general statutes, as amended by this act, for failure to make wage payments.

sSB1002The /Department Fileof No.Social Services and the Department of Developmental Services may apply to the Essential Employees Pandemic Pay Grant Program for such funds as shall be reasonably required to compensate fiscal intermediaries for compliance with sections 12 to 16, inclusive, of this act.

464 31 sSB1002 File No.

464 The Department of Social Services and the Department of Developmental Services may apply to the Essential Employees Pandemic Pay Grant Program for such funds as shall be reasonably required to compensate fiscal intermediaries for compliance with sections 12 to 16, inclusive, of this act.

(2) may be fined not less than one thousand nor more than two thousand dollars or imprisoned not more than one year, or both, for each offense if the total amount of all unpaid wages owed to an employee is more than one thousand dollars but not more thanLCO two{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0132 thousandof dollars;51 R02-SB.docx } Substitute Bill No.

1002 than two thousand dollars;

(a) Any employer or his agent, or the officer or agent of any corporation, who discharges or in any other manner discriminates against any employee because such employee has testified or is about to testify in any investigation or proceeding under or related to this part or sSB1002section /14 Fileof No.this act, or because such employer believes that such employee maytestifyinany investigationorproceeding underthispart, shall be fined not less than one hundred dollars nor more than four hundred dollars.

464 32 sSB1002 File No.

464 section 14 of this act, or because such employer believes that such employee maytestifyinany investigationorproceeding underthispart, shall be fined not less than one hundred dollars nor more than four hundred dollars.

(a) In addition to the penalties provided in this chapter and chapter 568, any employer, officer, agent or other person who violates any provision of this chapter, chapter 557 or subsection (g) of section 31-288, or who intentionally violates any provision of section 14 of this act, shall be liable to the Labor Department for a civil penalty of three hundred dollars for each such violation, [of said chapters and for each violation of subsection (g) of section 31-288,] except that (1) any person who violates (A) a stop work order issued pursuant to subsection (c) of section 31-76a shall be liable to the Labor Department for a civil penalty of one thousand dollars and each day of such violation shall constitute a separate offense, and (B) any provision of section 31-12, 31-13 or 31-14, subsectionLCO (a){\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01033 of section51 31-15R02-SB.docx or} sectionSubstitute 31-18,Bill 31-23No. or 31-24 shall be liable to the Labor Department for a civil penalty of six hundred dollars for each violation of said sections, and (2) a violation of subsection (g) of section 31-288 shall constitute a separate offense for each day of such violation.

1002 subsection (a) of section 31-15 or section 31-18, 31-23 or 31-24 shall be liable to the Labor Department for a civil penalty of six hundred dollars for each violation of said sections, and (2) a violation of subsection (g) of section 31-288 shall constitute a separate offense for each day of such violation.

In setting a civil penalty for any violation in a particular case, the Labor Commissioner shall consider all factors which the commissioner deems relevant, including, but not limited to, (1) the level of assessment necessary to insure immediate and continued compliance sSB1002with /the Fileprovisions No.of chapter 563a;

464 33 sSB1002 File No.

464 with the provisions of chapter 563a;

(1) "Child" means a biological, adopted or foster child, stepchild, or legal ward, of an employee, or a child of a person standing in loco parentisLCO to{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01034 anof employee,51 orR02-SB.docx an} individualSubstitute toBill whomNo. the employee stood in loco parentis when the individual was a minor child;

1002 parentis to an employee, or an individual to whom the employee stood in loco parentis when the individual was a minor child;

sSB1002(5) /"Family Filemember" No.means (A) the employee's spouse, as defined in section 31-51kk of the general statutes, child, parent, grandparent, grandchild or sibling, whether related to the employee by blood, marriage, adoption or foster care, or (B) an individual related to the employee by blood or affinity whose close association with the employee is the equivalent of those family relationships;

464 34 sSB1002 File No.

464 (5) "Family member" means (A) the employee's spouse, as defined in section 31-51kk of the general statutes, child, parent, grandparent, grandchild or sibling, whether related to the employee by blood, marriage, adoption or foster care, or (B) an individual related to the employee by blood or affinity whose close association with the employee is the equivalent of those family relationships;

Sec.LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0135 of 51 R02-SB.docx } Substitute Bill No.

1002 Sec.

(2) An employee exempt from overtime requirements under 29 USC 213(a)(1), as amended from time to time, shall be assumed to work forty hours per week for purposes of calculating COVID-19 sick leave, unless such employee regularly works less than forty hours per week, in which case the COVID-19 sick leave shall be provided based upon the number of hoursregularly worked per week.An employee who regularly works less than forty hours per week, but whose number of work hours varies from week to week, shall be provided COVID-19 sick leave using the sSB1002averagenumberofhoursperweektheemployeewasscheduledtowork /in Filethe No.six-month period immediately preceding the date on which the employee utilizesCOVID-19sick leave, including thehoursofany leave taken by the employee, except that if the employee did not work over such period, the average shall be the reasonable expectation of the employee, at the time the employee was hired, of the average number of hours per week the employee would be regularly scheduled to work.

464 35 sSB1002 File No.

464 averagenumberofhoursperweektheemployeewasscheduledtowork in the six-month period immediately preceding the date on which the employee utilizesCOVID-19sick leave, including thehoursofany leave taken by the employee, except that if the employee did not work over such period, the average shall be the reasonable expectation of the employee, at the time the employee was hired, of the average number of hours per week the employee would be regularly scheduled to work.

(c)LCO An{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0136 employee shall be entitled to take COVID-19 sick leave when the employee is unable to perform the functions of the51 jobR02-SB.docx of} suchSubstitute employee,Bill includingNo. through telework, due to any of the following reasons related to COVID-19:

1002 (c) An employee shall be entitled to take COVID-19 sick leave when the employee is unable to perform the functions of the job of such employee, including through telework, due to any of the following reasons related to COVID-19:

sSB1002(3) /The Fileemployee's No.need to care for a family member who is:

464 36 sSB1002 File No.

464 (3) The employee's need to care for a family member who is:

(5) The employee's need to care for a family member when the care provider of such family member is unavailable due to COVID-19 or if the family member's school or place of care has been closed by a local, state or federal public official or at the discretion of the school or place ofLCO care,{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0137 dueof to51 COVID-19,R02-SB.docx including} ifSubstitute aBill schoolNo. or place of care:

1002 of care, due to COVID-19, including if a school or place of care:

(e) Each employer shall pay each employee for COVID-19 sick leave sSB1002at /a Filepay No.rate equal to the greater of (1) the normal hourly wage for that employee, or (2) the minimum fair wage rate under section 31-58 of the general statutes in effect for the pay period during which the employee used COVID-19 sick leave.

464For 37any sSB1002employee Filewhose No.hourly wage varies depending on the work performed by the employee, "normal hourly wage"meanstheaveragehourlywageoftheemployeeinthepayperiod prior to the one in which the employee uses COVID-19 sick leave.

464 at a pay rate equal to the greater of (1) the normal hourly wage for that employee, or (2) the minimum fair wage rate under section 31-58 of the general statutes in effect for the pay period during which the employee used COVID-19 sick leave.

For any employee whose hourly wage varies depending on the work performed by the employee, "normal hourly wage"meanstheaveragehourlywageof theemployeeinthepayperiod prior to the one in which the employee uses COVID-19 sick leave.

(h)LCO If{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0138 an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee shall retain and be entitled to use all COVID-19 sick leave the employee accrued or received in accordance with the provisions of sections51 20R02-SB.docx to} 25,Substitute inclusive,Bill ofNo. this act, at the prior division, entity or location.

1002 (h) If an employee is transferred to a separate division, entity or location, but remains employed by the same employer, the employee shall retain and be entitled to use all COVID-19 sick leave the employee accrued or received in accordance with the provisions of sections 20 to 25, inclusive, of this act, at the prior division, entity or location.

(1) Discourage or prohibit an employer from the adoption or retention of a COVID-19 sick leave, paid sSB1002sick /leave Fileor No.other paid leave policy more generous than the one required pursuant to section 21 of this act, including providing more leave than required under said section;

464 38 sSB1002 File No.

464 sick leave or other paid leave policy more generous than the one required pursuant to section 21 of this act, including providing more leave than required under said section;

(NEW) (Effective from passage) (a) It shall be unlawful for an employer or any other person to interfere with, restrain or deny the exercise of, or the attempt to exercise, any right protected under sections 20LCO to{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0139 25,of inclusive,51 ofR02-SB.docx this} act.Substitute Bill No.

1002 20 to 25, inclusive, of this act.

After the hearing, any employer who is found by the Labor Commissioner, by a preponderance of the evidence, to have violated any provision of this section shall be liable to the Labor Department for a civil penalty in an amount consistent with the penalties provided in section 31-57v of the general statutes, as sSB1002amendedbythisact.TheLaborCommissionermayawardtheemployee /appropriate Filerelief No.consistent with the provisions of section 31-57v of the general statutes, as amended by this act.

464 39 sSB1002 File No.

464 amendedbythisact.TheLaborCommissionermayawardtheemployee appropriate relief consistent with the provisions of section 31-57v of the general statutes, as amended by this act.

(e)LCO The{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0140 Laborof Commissioner51 shallR02-SB.docx administer} thisSubstitute sectionBill withinNo. available appropriations.

1002 (e) The Labor Commissioner shall administer this section within available appropriations.

The Labor Commissioner sSB1002shall /provide Filesuch No.posters and model written notices to all employers.

464 40 sSB1002 File No.

464 shall provide such posters and model written notices to all employers.

When an issue arises as to an employee's entitlement to COVID-19 sick leave under this section, if the employer does not maintain or retain adequate records documenting hours worked by the employee and COVID-19 sickLCO leave{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01041 takenof by51 theR02-SB.docx employee,} orSubstitute doesBill notNo. allow reasonable access to such records, it shall be presumed that the employer has violated this section absent clear and convincing evidence otherwise.

1002 sick leave taken by the employee, or does not allow reasonable access to such records, it shall be presumed that the employer has violated this section absent clear and convincing evidence otherwise.

If an employer possesses health information about an employee or sSB1002an /employee's Filefamily No.member, such information shall be treated as confidential and not disclosed except to such employee or with the permission of such employee.

464 41 sSB1002 File No.

464 an employee's family member, such information shall be treated as confidential and not disclosed except to such employee or with the permission of such employee.

Subsection (a) of section 31-225a of the general statutes is repealed andthefollowing issubstitutedinlieuthereof(EffectiveOctoberissubstituted inlieuthereof(EffectiveOctober 1, 2021):

[, "qualified employer"] (1) "Qualified employer" means each employer subject to this chapter whose experience record has been chargeable with benefits for at least one full experience year, with the exception of employers subject to a flat entry rate of contributions as provided under subsection (d) of this section, employers subject to the maximum contribution rate under subsectionLCO (c){\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0142 of section51 31-273,R02-SB.docx and} reimbursingSubstitute employers;Bill No.

1002 subsection (c) of section 31-273, and reimbursing employers;

[and "experience period"] sSB1002(8) /"Experience Fileperiod" No.means the three consecutive experience years ending on the computation date, except that (A) if the employer's account has been chargeable with benefits for less than three years, the experience period shall consist of the greater of one or two consecutive experience years ending on the computation date, [.] and (B) to the extent allowed by federal law and as necessary to respond to the spread of COVID-19, for any taxable year commencing on or after January 1, 2022, the experience period shall be calculated without regard to benefit chargesandtaxablewagesfortheexperienceyearsendingJune30,2020, and June 30, 2021, when applicable;

464and 42(9) sSB1002"COVID-19" Filemeans the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0143 of 51 R02-SB.docx } Substitute Bill No.

4641002 (8) "Experience period" means the three consecutive experience years ending on the computation date, except that (A) if the employer's account has been chargeable with benefits for less than three years, the experience period shall consist of the greater of one or two consecutive experience years ending on the computation date, [.] and (B)any torelated themutation extentthereof allowedrecognized by federal law and as necessary to respond to the spreadWorld ofHealth COVID-19,Organization foras anya taxablecommunicable yearrespiratory commencingdisease. on or after January 1, 2022, the experience period shall be calculated without regard to benefit chargesandtaxablewagesfortheexperienceyearsendingJune30,2020, and June 30, 2021, when applicable;

and (9) "COVID-19" means the respiratory disease designated by the World Health Organization on February 11, 2020, as coronavirus 2019, and any related mutation thereof recognized by the World Health Organization as a communicable respiratory disease.

If the resulting quotient is not an exact multiple of one-tenthof one per cent, the five-year benefit sSB1002cost /rate Fileshall No.be the next higher such multiple.

464 43 sSB1002 File No.

464 cost rate shall be the next higher such multiple.

(b) Notwithstanding any provision of chapter 567 of the general statutes,ifanadditionalfederalbenefitprogramisestablishedforwhichLCO the{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0144 eligibility of an51 individualR02-SB.docx requires} aSubstitute minimumBill weeklyNo. benefit pursuant to the provisions of said chapter, individuals who are eligible foraweeklybenefitamountoflessthansuchrequiredminimumweekly benefit and who have not exhausted their state regular unemployment benefits shall have their weekly benefit amount raised to the minimum amount required for eligibility for such additional federal benefit program, and such individuals shall be permitted to apply for such additional federal benefit program.

1002 statutes,ifanadditionalfederalbenefitprogramisestablishedforwhich the eligibility of an individual requires a minimum weekly benefit pursuant to the provisions of said chapter, individuals who are eligible foraweeklybenefitamountoflessthansuchrequiredminimumweekly benefit and who have not exhausted their state regular unemployment benefits shall have their weekly benefit amount raised to the minimum amount required for eligibility for such additional federal benefit program, and such individuals shall be permitted to apply for such additional federal benefit program.

(c) With respect to employers who make payments in lieu of contributions pursuant to section 31-225 of the general statutes, for individuals who are affected by subsection (a) or (b) of this section, the sSB1002amount /otherwise Filedue No.from the employer in lieu of contributions shall be reduced by an amount equal to the difference between the individual's weekly benefit amount to be paid pursuant to subsections (a) or (b) of this section and the weekly benefit amount which was or would have been calculated pursuant to chapter 567 of the general statutes prior to the adjustment to the weekly benefit amount required by subsections (a) or (b) of this section.

464 44 sSB1002 File No.

464 amount otherwise due from the employer in lieu of contributions shall be reduced by an amount equal to the difference between the individual's weekly benefit amount to be paid pursuant to subsections (a) or (b) of this section and the weekly benefit amount which was or would have been calculated pursuant to chapter 567 of the general statutes prior to the adjustment to the weekly benefit amount required by subsections (a) or (b) of this section.

Subsection (f) of section 31-273 of the general statutes is repealedLCO and{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0145 theof following51 isR02-SB.docx substituted} inSubstitute lieuBill thereofNo. (Effective from passage):

1002 repealed and the following is substituted in lieu thereof (Effective from passage):

sSB1002Each /contractor Filewho No.bids on such a state contract shall (1) be prequalified under section 4a-100 of the general statutes to perform the work required by the contractor under the contract, (2) be enrolled in the apprenticeship program pursuant to section 31-22m of the general statutes, and (3) if awarded the contract, complete the work required under the contract using its own employees and shall pay such employees not less than the wages described in section 31-53 of the general statutes.

464 45 sSB1002 File No.

464 Each contractor who bids on such a state contract shall (1) be prequalified under section 4a-100 of the general statutes to perform the work required by the contractor under the contract, (2) be enrolled in the apprenticeship program pursuant to section 31-22m of the general statutes, and (3) if awarded the contract, complete the work required under the contract using its own employees and shall pay such employees not less than the wages described in section 31-53 of the general statutes.

(1) "Nurse" means an advanced practice registered nurse, registered nurseLCO or{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0146 licensedof practical51 nurse;R02-SB.docx } Substitute Bill No.

1002 nurse or licensed practical nurse;

(b) Each hospital shall calculate for each nursing unit, on a per shift basis, the total number of nurses and nurse's aides providing direct sSB1002patient /care Fileto No.patients of the hospital.

464 46 sSB1002 File No.

464 patient care to patients of the hospital.

(3) The total number of (A) advanced practice registered nurses, (B) registeredLCO nurses,{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0147 (C) licensed practical nurses, and (D) nurse's aides, who will be responsible for direct patient care during the shift, and the total number of hours51 eachR02-SB.docx such} nurseSubstitute orBill nurse'sNo. aide is scheduled to work during the shift;

1002 registered nurses, (C) licensed practical nurses, and (D) nurse's aides, who will be responsible for direct patient care during the shift, and the total number of hours each such nurse or nurse's aide is scheduled to work during the shift;

sSB1002(e) /No Filehospital No.shall discharge or in any manner discriminate or retaliate against any employee of any hospital or against any other person because such employee or person reported a suspected violation by the hospital of a regulatory requirement concerning staffing levels and direct patient care.

464 47 sSB1002 File No.

464 (e) No hospital shall discharge or in any manner discriminate or retaliate against any employee of any hospital or against any other person because such employee or person reported a suspected violation by the hospital of a regulatory requirement concerning staffing levels and direct patient care.

For purposes of this subsection, "discriminate or retaliate" includes, but is not limited to, discharge, demotion,LCO suspension{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0148 or any other detrimental change in terms or conditions of employment51 orR02-SB.docx the} threatSubstitute ofBill anyNo. such action.

1002 demotion, suspension or any other detrimental change in terms or conditions of employment or the threat of any such action.

(2) Notwithstanding the provisions of subdivision (1) of this subsection, if any employee is paid by his or her employer less than the minimum fair wage or overtime wage to which he or she is entitled under section 31-62-E4 of the regulations of Connecticut state agencies, sSB1002such /employee Fileshall No.recover, in a civil action, (A) twice the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs and such reasonable attorney's fees as may be allowed by the court, or (B) if the employer establishes that the employer had a good faith belief that the underpayment of such wages was in compliance with the law, the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs as may be allowed by the court.

464 48 sSB1002 File No.

464 such employee shall recover, in a civil action, (A) twice the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs and such reasonable attorney's fees as may be allowed by the court, or (B) if the employer establishes that the employer had a good faith belief that the underpayment of such wages was in compliance with the law, the full amount of such minimum wage or overtime wage less any amount actually paid to such employee by the employer, with costs as may be allowed by the court.

(3)LCO Notwithstanding{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0149 the provisions of section51 52-105,R02-SB.docx no} personSubstitute mayBill beNo. authorized by a court to sue for the benefit of other alleged similarly situated persons in a case brought for violations of section 31-62-E4 of the regulations of Connecticut state agencies, unless such person, in addition to satisfying any judicial rules of practice governing class action certifications, demonstrates to the court, under the appropriate burden of proof, that the defendant is liable to all individual proposed class members because all such members (A) performed nonservice duties while employed by the defendant, for more than a de minimis amount of time, that were not incidental to service duties, and (B) were not properly compensated by the defendant for some portion of their nonservice duties in accordance with section 31-62-E4 of the regulations of Connecticut state agencies.

1002 (3) Notwithstanding the provisions of section 52-105, no person may be authorized by a court to sue for the benefit of other alleged similarly situated persons in a case brought for violations of section 31-62-E4 of the regulations of Connecticut state agencies, unless such person, in addition to satisfying any judicial rules of practice governing class action certifications, demonstrates to the court, under the appropriate burden of proof, that the defendant is liable to all individual proposed class members because all such members (A) performed nonservice duties while employed by the defendant, for more than a de minimis amount of time, that were not incidental to service duties, and (B) were not properly compensated by the defendant for some portion of their nonservice duties in accordance with section 31-62-E4 of the regulations of Connecticut state agencies.

In addition, the commissioner may bring sSB1002any /legalactionnecessary Filetorecover No.twice thefullamount oftheunpaid minimum fair wages, [or] unpaid overtime wages or unpaid additional compensation to which the employee is entitled under said sections or under an order, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.

464 49 sSB1002 File No.

464 any legalactionnecessary torecover twice thefullamount oftheunpaid minimum fair wages, [or] unpaid overtime wages or unpaid additional compensation to which the employee is entitled under said sections or under an order, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.

(b) All wages and additional compensation collected by the commissionerLCO for{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-0150 anof employee51 whoseR02-SB.docx whereabouts} areSubstitute unknownBill toNo. the commissioner shall be held by the commissioner for three months and thereafter the commissioner may, in his discretion, pay the same, on application, to the husband or wife or, if none, to the next of kin of such employee.

1002 commissioner for an employee whose whereabouts are unknown to the commissioner shall be held by the commissioner for three months and thereafter the commissioner may, in his discretion, pay the same, on application, to the husband or wife or, if none, to the next of kin of such employee.

9 from passage New section from passage Sec.

10 from passage New section Sec.

13 from passage New section sSB1002Sec. / File No.

46414 50from sSB1002passage FileNew No.section from passage Sec.

46415 New section Sec.

14 from passage New section Sec.

15 from passage New section Sec.

17 October 1, 2021 31-71g October 1, 2021 Sec.

18 October 1, 2021 31-69(a) Sec.

21 from passage New section from passage Sec.

22 from passage New section Sec.

23 from passage New section Sec.LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002- 51 of 52 R02-SB.docx } Substitute Bill No.

241002 from passage New section from passage Sec.

2524 from passage New section Sec.

25 from passage New section Sec.

29 from passage 31-273(f) from passage Sec.

30 from passage New section Sec.

32 from passage 31-68 StatementLAB ofJoint LegislativeFavorable Commissioners:Subst.

InAPP SectionJoint 3(d),Favorable "ItLCO is{\\PRDFS1\SCOUSERS\FORZANOF\WS\2021SB-01002- further52 understoodof that52 theR02-SB.docx reapportioning"} was changed to "The reapportionment" for consistency with standard drafting conventions;

in Section 7(b), "notice of" was added before "all" for accuracy;

in Section 7(c), "subdivision (4) of" was added before "subsection" for accuracy;

Section 7(j)(2) was rewritten for clarity;

in Section 7(k), "recall" was changed to "rehiring laid-off employees" for consistency and accuracy;

in Section 12, "Centers for Disease Control and Prevention's" was added before "Advisory Committee" for clarity;

in Section 20, a definition of "COVID-19" was added for clarity and consistency and the definition of "employer" was rewritten for clarity;

in Section 21(a)(1), "and 31-57t" was deleted for accuracy;

Section 21(b) was rewritten for accuracy and clarity;

Section 21(h) was rewritten for clarity and conciseness;

in Section 24(a) the last sentence was deleted to avoid redundancy;

Section 24(c) was rewritten for consistency with standard drafting conventions and in Section 27(d), "provided" was changed to "except that" for accuracy.

LAB Joint Favorable Subst.

sSB1002 / File No.

464 51 sSB1002 File No.

464 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 22 $ FY 23 $ Labor Dept.

GF- Cost 287,942 319,529 Public Health, Dept.;

Social GF – Cost See Below See Below Services, Dept.;

Department of Developmental Services State Comptroller – Fringe GF – Cost 114,955 127,588 Benefits Various State Agencies GF - Potential See Below See Below Cost Social Services, Dept.;

GF – Potential See Below See Below Department of Developmental Revenue Loss Services Correction, Dept;

Judicial Dept.

GF – See Below See Below See Below (Probation) Resources of the General Fund GF – See Below See Below See Below Note:

UCF = Unemployment Compensation Fund;

GF=General Fund Municipal Impact:

Municipalities Effect FY 22 $ FY 23 $ Various Municipalities STATE See Below See Below MANDATE - Potential Cost Explanation Section 3 and Section 4 establish a $20,000 workers' compensation benefit for burial expenses and increase the current standard benefit 1The fringe benefit costs for most state employees are budgeted centrally in accounts administered by the Comptroller.

The estimated active employee fringe benefit cost associated with most personnel changes is 41.3% of payroll in FY 22 and FY 23.

2State mandate is defined in Sec.

2-32b(2) of the Connecticut General Statutes, "state mandate" means any state initiated constitutional, statutory or executive action that requires a local government to establish, expand or modify its activities in such a way as to necessitate additional expenditures from local revenues.

sSB1002 / File No.

464 52 sSB1002 File No.

464 from $4,000 to $20,000 once the bill passes and includes a rebuttable presumption provision related to COVID-19.

This results in a potential cost to various state agencies and municipalities to the extent that an employee contractsCOVID-19andmeetstheother conditionsofthebill.

Section 5 and Section 6 of the bill expand eligibility for workers’ compensation benefits for post-traumatic stress injuries (PTSI) to cover (1) emergency medical services (EMS) personnel;

(2) all Department of Correction (DOC) employees;

(3) telecommunicators;

and (4) under certain circumstances related to COVID-19, health care providers.

The bill results in a potential cost to the Department of Corrections (DOC) to the extent that DOC employees apply for Workers' Compensationbenefitsandmeettheconditionsofthebill.Forreference, there are 6,000 current DOC employees.

The bill also results in a potential cost to other various state agencies and various municipalities who employ EMS personnel, telecommunicators, and health care providers to the extent that these employees apply for Workers' Compensation benefits due to PTSI and COVID-19 related conditions and meet the other conditions of the bill.

Section 7 allows terminated employees to bring an action in Superior Court over alleged violations, which does not result in any fiscal impact to the state or municipalities.

The court system disposes of over 400,000 cases annually and the number of cases is not anticipated to be great enough to need additional resources.

Section 8 results in a cost to the Department of Public Health (DPH) to administer a contract(s) for the procurement of personal protective equipment (PPE) to create two stockpiles over time.

The bill requires DPH to (1) pay for PPE with federal public health emergency funds, to the maximum extent feasible, (2) make PPE available, without charge, to certainentities during adeclarationofapublichealthemergency,and (3) make PPE (within one year of its expiration) available for sale at no more than fair market value.

This is anticipated to result in a cost of approximately $55,560 in FY sSB1002 / File No.

464 53 sSB1002 File No.

464 and $57,230 in FY 23 (with associated fringe of $22,950 and $23,640, respectively) to support staff to oversee the contract.

The cost to purchase PPE and resupply prior to expiration is estimated to be at least $2 million annually, which may be paid for with federal funds.

The actual cost depends on the contract established and the stockpile levels determined by DPH.

Section 10 could result in a revenue gain, beginning in FY 24, associated with a $25,000 civil penalty imposed on covered providers who do not maintain an unexpired inventory of PPE required under the bill.

Section 13 results in a cost to the Department of Social Services (DSS) to administer the Essential Employees Pandemic Pay Grant Program.

Grantswillsupport employerswhosecoveredemployeeswere engaged in activities substantially dedicated to mitigating or responding to the public health and civil preparedness emergencies between March 20, 2020, and April 30, 2021.

This is assumed to include the state and municipalities.

The grant program will be funded by an appropriationof at least 15% of unrestricted funds received by the state from January 1, 2021, to July 1, 2021, for COVID-19 relief.

Based on current estimates, 15% of anticipated federal State Fiscal Recovery funds is $397.5 million.

Assuming standard administrative costs of 3.2%, DSS would incur increased costs of $12.7 million in FY 22 to support a contract to administer the grant program including application review and post payment audits.

The actual cost to administer the program will depend on the number of applicants and associated employees, established grant review process, and payment distribution requirements.

Section 14 requires each employer that receives a pandemic pay grant to pay (via lump sum) each of its covered employees additional compensation for each hour they worked during the covered period.

This could result in increased costs to the state and municipalities to administer such payments to employees.

sSB1002 / File No.

464 54 sSB1002 File No.

464 Sections 15 and 17 subject employers to penalties if they violate conditions of the bill resulting in in a potential cost for incarceration or probation and a potential revenue gain from fines to the extent violations occur.

On average, the marginal cost to the state for incarcerating an offender for the year is $2,200 while the average marginal cost for supervision in the community is less than $700 each year.

Sections20-25, whichrequireallprivate-sectoremployers toprovide additional paid sick leave related to COVID-19, result in:

1) a potential cost to the Departments of Social Services and Developmental Services, 2) a potential cost to the Department of Labor (DOL) of up to $402,897 in FY 22 and up to $447,117 in FY 23, and 3) a potential loss of federal revenue.

Establishing new COVID-19 paid sick leave results in a potential cost to the DOL to administer.

Specifically, the DOL could need up to two additional Wage Enforcement Agents and one Staff Attorney for a total potential cost of up to $393,297 in FY 22 and up to $436,517 in FY 23, including salariesandbenefits.

There are also associatedoverheadcosts estimated at up to $9,600 for FY 22 and up to $10,600 for FY 23 for computers, office supplies, etc.

These costs would cease four weeks after the governor’s emergency declarations expire (thus, they are potential costs for FY 22 and FY 23).

Sections 20-25 could result in a cost to the Departments of Social 3Inmate marginal cost is based on increased consumables (e.g.

food, clothing, water, sewage, living supplies, etc.) This does not include a change in staffing costs or utility expenses because these would only be realized if a unit or facility opened.

4Probation marginal cost is based on services provided by private providers and only includes costs that increase with each additional participant.

This does not include a cost for additional supervision by a probation officer unless a new offense is anticipated to result in enough additional offenders to require additional probation officers.

5The current paid sick leave law covers employers with over 50 employees (excluding manufacturers and some non-profits) and only applies to 69 job classifications.

The bill expands COVID-19-specific coverage to all private-sector employers for the duration of the pandemic, which includes an estimated 110,000 employers and 1.6 million workers.

sSB1002 / File No.

464 55 sSB1002 File No.

464 Services (DSS) and Developmental Services (DDS) associated with paid sick leave for personal care attendants (PCAs).

Cost components include (1) payment to PCAs for sick leave, (2) payment to PCAs to provide necessary services to Medicaid consumers while another PCA is taking sick leave, and (3) enhanced contract costs for the PCA Workforce Council to administer paid sick leave benefits.

There are approximately 13,000 active PCAs supporting DSS and DDS Medicaid consumers paid a rate of approximately $16.25 per hour.

The extent of the cost to the state depends on the number of PCAs requiring paid sick leave related to COVID-19 and the length of sick leave, up to eighty hours.

These sections also require the PCA Workforce Council to act on behalf of consumer employers of PCAs for purposes of the bill.

This is anticipated to increase state contract costs to support the administration of paid sick leave benefits through fiscal intermediaries.

Additionally, since most DSS and DDS consumers with funding for PCAs are enrolled in a Home and Community-Based Medicaid waiver, the bill may also result in a potential federal revenue loss to the extent the bill's provisions conflict with Medicaid waiver requirements.

Sections 26 and 27 disregard an employer’s benefit charges and taxable wages between July 1, 2019, and June 30, 2021, when calculating the employer’s unemployment tax experience rate for taxable years starting on or after January 1, 2022.

This does not result in any fiscal impact as costs not directly charged to a specific employer will be handled as pooled costs spread among all employers.

Section 28 increases unemployment benefits for certain claimants.

This does not result in any fiscal impact as costs not directly charged to a specific employer will be handled as pooled costs spread among all employers.

Section 29 increases, from $500 to $2,000,the financial threshold used to determine whether someone's unemployment compensation fraud is sSB1002 / File No.

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464 a misdemeanor or a felony.

This is not anticipated to have a material impact on the Unemployment Insurance Trust Fund.

It results in a potential savings for incarceration or probation and a potential revenue loss to the extent fewer fines are collected and fewer violations result in incarceration or probation.

The Out Years Beginning January 1, 2022, the standard benefit for burial expenses will be annually adjusted by the previous calendar year’s percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Northeast.

sSB1002 / File No.

464 57 sSB1002 File No.

464 OLR Bill Analysis sSB 1002 AN ACT CONCERNING LABOR ISSUES RELATED TO COVID-19, PERSONAL PROTECTIVE EQUIPMENT AND OTHER STAFFING MATTERS.

TABLE OF CONTENTS:

SUMMARY § 1 — PROHIBITION AGAINST EMPLOYEE DISCIPLINE AND MISINFORMATION FOR WORKERS’ COMPENSATION CLAIMS Prohibits employers from deliberately misinforming employees about or dissuading them from filing a workers’ compensation claim § 2 — WORKERS’ COMPENSATION NOTICE OF CONTROVERSY Requires employers or insurers to file a notice of controversy when there is a disputed request for medical or surgical aid or hospital and nursing services § 3 — WORKERS’ COMPENSATION REBUTTABLE PRESUMPTION FOR COVID-19 Establishes the conditions under which employees must be presumed to have contracted COVID-19 in the course of their employment § 4 — WORKERS’ COMPENSATION BURIAL EXPENSES Establishes a $20,000 benefit for burial expenses for an employee who dies due to contracting COVID-19, and increases the general benefit for burial expenses from $4,000 to $20,000, with future annual adjustments for inflation §§ 5 & 6 — WORKERS’ COMPENSATION PTSI BENEFITS Expands eligibility for workers’ compensation PTSI benefits to include emergency medical services personnel, DOC employees, 9-1-1 emergency dispatchers, and under certain circumstances related to COVID-19, health care providers § 7 — EMPLOYEE RECALL RIGHTS Requires employers to offer available jobs to their laid-off employees who (1) held the same or similar position when they were most recently separated from service with the employer or (2) can be qualified for the position with the same training as a new employee § 8 — PERSONAL PROTECTIVE EQUIPMENT STOCKPILES Requires the DPH commissioner to procure PPE to create two stockpiles;

establishes priorities for stockpile use during a public health emergency § 9 — PPE EVALUATION, DISTRIBUTION, AND APPROVAL PROCESS sSB1002 / File No.

464 58 sSB1002 File No.

464 Requires DEMHS to establish a process to evaluate, distribute, and approve PPE for use during public health emergencies § 10 — PPE REQUIREMENTS FOR HEALTHCARE AND LONG-TERM CARE PROVIDERS Requires health care providers and long-term care providers to maintain enough new PPE for 90 days of surge consumption during a state of emergency;

allows for exemptions and DPH waivers under certain circumstances § 11 — HOSPITAL AND NURSING HOME DATA Requires hospitals and nursing homes to collect and post certain data related to their COVID-19 cases §§ 12-19 & 32 — PANDEMIC PAY Establishes a grant program and requires employers to apply for grants that they must use to provide additional pandemic pay to their essential employees ($5 per hour) and specialized risk employees ($10 per hour.) for their hours worked mitigating or responding to the COVID-19 emergency between March 20, 2020, and April 30, 2021 §§ 20-25 — COVID-19 SICK LEAVE Requires private-sector employers to provide their employees with up to 80 hours of additional COVID-19 paid sick leave that they can use for certain purposes related to COVID-19 §§ 26-27 — UNEMPLOYMENT TAX EXPERIENCE RATES Disregards benefit charges and taxable wages between July 1, 2019, and June 30, 2021, when calculating an employer’s experience rate;

similarly disregards benefits and taxable wages for 2020 and 2021 when calculating the unemployment tax rate for new employers § 28 — UNEMPLOYMENT BENEFIT ROUND-UP Requires that an unemployment claimant’s benefits be rounded up to the extent needed for the claimant to qualify for a program that provides 100% federally funded benefits for unemployment related to COVID-19 § 29 — FELONY UNEMPLOYMENT BENEFIT FRAUD Increases, from $500 to $2,000, the financial threshold used to determine whether someone's unemployment compensation fraud is a misdemeanor or a felony § 30 — PROJECT LABOR AGREEMENTS Requires state agencies to consider using PLAs when they contract for a public works project worth at least $10 million;

requires contractors bidding on those contracts to be prequalified by DAS § 31 — NOTICE OF HOSPITAL NURSING STAFF LEVELS Requires hospitals to post certain information about their nursing staff levels and hours BACKGROUND SUMMARY This bill contains numerous provisions generally related to the impact of COVID-19 on employment and workplace-related issues.

sSB1002 / File No.

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464 Among other things, the bill generally:

1.

establishes the conditions under which employees who died or were unable to work due to contracting COVID-19 must be presumed to have contractedit inthecourseoftheir employment (making them eligible for workers’ compensation benefits);

2.

expands eligibility for workers’ compensation benefits for post- traumatic stress injuries to include emergency medical services personnel;

Department of Correction employees;

9-1-1 emergency dispatchers;

and, under certain circumstances related to COVID-19, health care providers;

3.

requires employers to offer available jobs to certain laid-off employees who (1) held the same or similar position when they were most recently separated from service with the employer or (2) can be qualified for the position with the same training as a new employee;

4.

requires the Department of Public Health (DPH) commissioner to procure two stockpilesofpersonal protective equipment (PPE) and establishes priorities for stockpile use during a public health emergency;

5.

requires health care providers and long-term care providers to maintain enough new PPE for 90 days of surge consumption during a state of emergency;

6.

establishes a grant program and requires employers to apply for grants that they must use to provide additional pandemic pay to their essential employees ($5 per hour) and specialized risk employees ($10 per hour) for their hours worked between March 20, 2020, and April 30, 2021;

and 7.

requires private-sector employers to provide their employees with up to 80 hours of additional COVID-19 paid sick leave that they can use for certain purposes related to COVID-19.

sSB1002 / File No.

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464 EFFECTIVE DATE:

Upon passage, unless otherwise noted below.

§ 1 — PROHIBITION AGAINST EMPLOYEE DISCIPLINE AND MISINFORMATION FOR WORKERS’ COMPENSATION CLAIMS Prohibits employers from deliberately misinforming employees about or dissuading them from filing a workers’ compensation claim Current law prohibits employers from discharging or discriminating against an employee because the employee filed a workers’ compensation claim or exercised his or her rights under the workers’ compensation law.

The bill expands this protection to also prohibit employers from (1) disciplining employees for filing a claim or exercising their rights or (2) deliberately misinforming or dissuading them from filing a claim.

(This codifies Executive Order 7JJJ (2020).) As under current law, employees subjected to a violation may either bring a lawsuit in Superior Court or file a complaint with the Workers’ Compensation Commission.

§ 2 — WORKERS’ COMPENSATION NOTICE OF CONTROVERSY Requires employers or insurers to file a notice of controversy when there is a disputed request for medical or surgical aid or hospital and nursing services The bill requires an employer or insurer to file a notice of controversy (presumably with a workers’ compensation commissioner) when there is a dispute over whether a workers’ compensation-related request for medical or surgical aid or hospital and nursing services, including mechanical aids and prescriptions, is reasonable or necessary.

The employer or insurer must also send a copy of the notice to the originator of the request.

The bill allows a health care provider, employee, or other interested party to request a hearing about paying for the disputed medical and related services.

It also specifies that (1) payment of the medical bill by an employer or insurer is not an admission of the reasonableness of subsequent medical bills and (2) it does not affect other workers’ compensation provisions for notices of a claim for compensation or notices contesting liability.

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464 § 3 — WORKERS’ COMPENSATION REBUTTABLE PRESUMPTION FOR COVID-19 Establishes the conditions under which employees must be presumed to have contracted COVID-19 in the course of their employment Presumption For adjudicating workers’ compensation claims, the bill requires that an employee who died or was unable to work due to contracting COVID-19, or having symptoms later diagnosed as COVID-19, is presumed to have contracted it as an occupational disease arising out of and in the course of employment (making them eligible for workers’ compensation benefits) if:

1.

the death or lost work occurred during (a) the current COVID-19 public health and civil preparednessemergencies or (b)newones declared by the governor because of a COVID-19 outbreak in the state;

2.

the contraction of COVID-19 is confirmed by a positive lab test or, if one is not available, diagnosed based on the employee’s symptoms and documented by a licensed physician, physician assistant, or advanced practice registered nurse;

3.

a copy of the test or diagnosis documentation is provided to the employer or insurer;

and 4.

the employee did not, during the 14 consecutive days immediately before the employee’s death or inability to work, (a) work solely from home, with no physical interaction with other employees, or (b) receive an individualized written offer or directive to work solely from home, but otherwise chose to work at the employer’s worksite.

The bill specifies that COVID-19 is an occupational disease for those diagnosed with it as described above.

In effect, this gives them three years from the first manifestation of a symptom to file a workers’ compensation claim (see CGS § 31-294c).

Employer Rebuttal sSB1002 / File No.

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464 The billallowsemployersor insurerstorebut thepresumptionifthey clearly demonstrate by a preponderance of the evidence that the employee’s employment did not directly cause his or her COVID-19.

The employer or insurer must provide evidence to rebut the presumption within 10 days after filing a notice to contest the claim.

Under the bill, if the employer successfully rebuts the presumption, a compensation commissioner must still decide the employee’s claim on its merits under the established practices of causation (i.e., the employee would have to prove that he or she contracted the disease in the course of employment).

The bill additionally specifies that an employee who contracted COVID-19 but does not qualify for the presumption is not precluded from making a general workers’ compensation claim.

The bill requires that an employee’s pre-existing condition have no bearing on the merits of a claim, both for approving it and continuing benefits that have been awarded.

It also specifies that the bill’s reapportioning of the levels of the burdens of proof between the parties is a procedural change intended to apply to all existing and future COVID-19 claims.

Report The bill requires the Workers’ Compensation Commission, from July 1, 2021, to January 1, 2023, to provide monthly reports on COVID-19 claims to the Labor and Public Employees and Insurance committees.

The reports must include the:

1.

number of total COVID-19 workers’ compensation claims filed since May 10, 2020;

2.

number of record-only (i.e., uncontested) claims filed by hospitals, nursing homes, municipalities, and other employers, listed by employer name;

3.

number of COVID-19 workers’ compensation cases filed by state employees in each agency;

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number of these claims contested by each individual employer, including state agencies, third-party administrators, and insurers, by client;

5.

reasons cited by each employer, including state agencies, third- party administrators, or insurers, by client, for contesting the claims;

6.

number of claims that have had a hearing with the commission;

7.

number of (a) commission rulings on appealed claims, (b) approved voluntary agreements, (c) findings and awards, (d) findings and dismissals, (e) petitions for review, and (f) stipulations;

8.

average time it took to schedule an initial hearing after one was requested;

and 9.

average time it took to adjudicate contested COVID-19 workers’ compensation claims.

The bill requires employers, including state agencies, third-party administrators, and insurers, to comply with all requests from the Workers’ Compensation Commission for information it must include in the reports.

§ 4 — WORKERS’ COMPENSATION BURIAL EXPENSES Establishes a $20,000 benefit for burial expenses for an employee who dies due to contracting COVID-19, and increases the general benefit for burial expenses from $4,000 to $20,000, with future annual adjustments for inflation The bill establishes a $20,000 workers’ compensation benefit for burial expenses in any case in which the employee died due to contracting COVID-19 during the current COVID-19 public health and civil preparedness emergencies or new ones declared by the governor because of a COVID-19 outbreak in the state.

It also increases the current standard benefit for burial expenses from $4,000 to $20,000 once the bill passes.

Then, starting on January 1, 2022, sSB1002 / File No.

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464 the bill requires the standard benefit to be annually adjusted by the previous calendar year’s percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the Northeast.

§§ 5 & 6 — WORKERS’ COMPENSATION PTSI BENEFITS Expands eligibility for workers’ compensation PTSI benefits to include emergency medical services personnel, DOC employees, 9-1-1 emergency dispatchers, and under certain circumstances related to COVID-19, health care providers The bill expands eligibility for workers’ compensation benefits for post-traumatic stress injuries (PTSI) to cover (1) emergency medical services (EMS) personnel;

(2) all Department of Correction (DOC) employees;

(3) telecommunicators (i.e., 9-1-1 emergency dispatchers);

and (4) under certain circumstances related to COVID-19, health care providers.

The bill also changes the terminology used in the underlying law by replacing “post-traumatic stress disorder” (PTSD) with “post- traumatic stress injury.” Current law providesworkers’ compensation PTSD benefits to police officers, DOC-employed paroleofficers, and firefighters diagnosed with PTSD as direct result of certain qualifying events (e.g., witnessing someone’s death) that occur in the line of duty.

The bill allows EMS personnel, DOC employees, and emergency dispatchers to qualify for benefits through the same qualifying events, although the dispatchers may do so by hearing them.

Qualifying events for health care providers under the bill are the same types of events, but they must have occurred due to, or as a result of, COVID-19.

The bill also makes technical and conforming changes.

EMS Personnel, Telecommunicators, and Health Care Providers Under the bill, “emergency medical services personnel” are certified emergency medical responders, emergency medical technicians, advanced emergency medical technicians, EMS instructors, and licensed paramedics.

“Telecommunicators” are individuals engaged in or employed by a public or private safety agency as telecommunications operators (1) sSB1002 / File No.

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464 whose primary responsibility is receiving or processing 9-1-1 calls for emergency assistance or dispatching emergency services provided by public safety agencies and (2) who receive or disseminate information relative to emergency assistance by telephone or radio.

“Health care providers” are people employed at a physician’s office, hospital, health care center, clinic, medical school, local health department or agency, nursing or retirement facility, nursing home, group home, home health care provider, facility that performs laboratory or medical testing, or pharmacy or any similar institution.

They also include people who provide personal care assistance (PCAs) under a state-funded program, such as the Connecticut Home Care Program for Elders.

(Existing workers’ compensation law, unchanged by the bill, only covers people who work in or about a private dwelling if they are regularly employed by the dwelling’s owner or occupier for more than hours per week (CGS § 31-275(9)(B)(iv)).

It is unclear if this 26-hour work threshold would also apply to PCAs under the bill.) Qualifying Events Under current law, police officers, parole officers, and firefighters are eligible for workers’ compensation PTSD benefits if a mental health professional examines them and diagnoses PTSD as a direct result of a qualifying event in the line of duty.

For EMS, DOC Employees, and Emergency Dispatchers.

The bill extends current law’s eligibility requirements to EMS personnel, DOC employees, and emergency dispatchers.

Thus, their PTSI diagnosis is compensable with workers’ compensation benefits if a mental health professional examines them and diagnoses PTSI as a direct result of an event that occurs in the line of duty on or after July 1, 2019, and in which they:

1.

view a deceased minor;

2.

witness (a) a person’s death or an incident involving a person’s sSB1002 / File No.

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464 death, (b) an injury to a person who subsequently dies before or upon admission to a hospital as a result of the injury and not any other intervening cause, or (c) a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in the victim’s permanent disfigurement;

or 3.

carry, or have physical contact with and treat, an injured person who subsequently dies before or upon admission at a hospital as a result of the injury and not any other intervening cause.

For emergency dispatchers, however, witnessing a “qualifying event” is hearing, by telephone or radio (1) someone’s death or an incident involving someone’s death;

(2) an injury to someone who subsequently dies before or upon admission to a hospital because of the injury;

or (3) a traumatic physical injury that results in the loss of a vital body part or a vital body function that results in the victim’s permanent disfigurement.

For Health Care Providers.

For health care providers under the bill, a qualifying event is an event arising in and out of the course of employment on or after March 10, 2020, in which the provider was engaged in activities substantially dedicated to mitigating or responding to the COVID-19 emergency and:

1.

witnessed the death of a person due to COVID-19, 2.

witnessedaninjurytoapersonwhosubsequentlydiedasaresult of COVID-19, 3.

had physical contact with and treated or provided care for a person who subsequently died as a result of COVID-19, or 4.

witnessed a traumatic physical injury that resulted in someone’s loss of a vital body function due to COVID-19.

PTSI Benefits and Procedure Under the bill, the PTSI benefits provided to EMS personnel, DOC employees, emergency dispatchers, and health care providers are sSB1002 / File No.

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464 subject to the same limitations and procedures that current law applies to the benefits for firefighters, police, and parole officers.

Among other things, this (1) caps the benefits’ duration at 52 weeks;

(2) prohibits the benefits from being awarded beyond four years after the qualifying event;

and (3) requires that employers contest a claim for PTSI benefits through a process that is generally similar to the one used for contesting other workers’ compensation claims, although with different deadlines.

§ 7 — EMPLOYEE RECALL RIGHTS Requires employers to offer available jobs to their laid-off employees who (1) held the same or similar position when they were most recently separated from service with the employer or (2) can be qualified for the position with the same training as a new employee This bill requires private-sector employers with at least five employees to meet certain requirements related to recalling certain employees laid off between March 10, 2020, and December 31, 2024.

Among other things, these employers must notify laid-off employees about available positions for which a laid-off employee is qualified and offer the positions first to those who previously held the same or a similar position, then to those who can qualify for the position with the same training as a new employee.

Covered Employers and Laid-off Employees An “employer” covered by the bill is any person who conducts an “enterprise” and employs or exercises control over the wages, hours, or working conditions of any employee.

It includes corporate officers or executives,actingdirectlyorindirectly,orthroughanagentoranyother person, including through the services of atemporary service or staffing agency or similar entity.

An “enterprise” is any income-producing economic activity conducted in the state that employs five or more employees.

A “laid-off employee” covered by the bill is an employee (1) employedbyanemployer foratleastsixofthetwelvemonthspreceding March 10, 2020, and (2) whose most recent separation from active service with, or whose failure to be scheduled for customary seasonal work by, that employer occurred between March 10, 2020, and December 31, 2024, due to a lack of business or a reduction or furlough sSB1002 / File No.

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464 of the employer’s workforce;

the current COVID-19 public health and civil preparedness emergencies;

or other economic, non-disciplinary reasons.

“Customary seasonal work” is work performed by an employee for approximately the same portion of each calendar year.

Recall Notice and Preference Notice.

The bill requires an employer to send each of its laid-off employees a notice about its available job positions for which the laid- off employee is qualified.

Under the bill, laid-off employees are qualified if they (1) held the same or a similar position at the enterprise whenthey were mostrecently separatedfromservice withtheemployer or (2) are or can be qualified for the position with the same training as a new employee hired for the position.

The notice must be sent (1) in writing to the laid-off employee’s last known physical address and e- mail address and (2) by text message to his or her mobile phone.

(The bill does not specify when an employer must send the notices or how often it must do so.) Recall Order of Preference.

The bill requires employers to offer positions to laid-off employees in the same order of preference that they are deemedqualifiedabove:

first to those who heldthesame or asimilar position before their separation, then to those who can qualify for the position with the same training as a new employee.

If more than one (presumably, laid-off) employee is entitled to preference for a position, the bill requires the employer to offer the position to the (presumably, laid-off) employee with the greatest length ofservice at the employment site.

An employer may offer a position to more than one laid-off employee, with the final offer for the position conditioned upon the same order of preference as described above.

An “employment site” under the bill is the principal physical place where the laid-off employee performed the predominance of his or her duties before being laid off.

But for a laid-off employee in construction, transportation, building services, or other industries where work is performed at locations other than the employer’s administrative headquarters, it is any location served by the headquarters.

An sSB1002 / File No.

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464 employee’s “length of service” is the total amount of time that the employee was in active service, including the employee’s time on leave or vacation.