SB 422 — AN ACT CONCERNING THE ESSENTIAL WORKERS COVID-19 ASSISTANCE PROGRAM.

(3)[(3)] (C) for the purposes of requesting assistance for out-of-pocket costs for medical andsSB422 surgical/ aidFile orNo. hospital or nursing service, evidence of such affected person's costs;

and432 (4)any6 additionalinformationasrequestedorsSB422 requiredbyFile theNo. administrator.

LCO432 No.and surgical aid or hospital or nursing service, evidence of such affected person's costs;

3080 4 of 9 Raised Bill No.422 (e) The level of assistance offered to an affected person shall be calculated as follows, subject to available funds, and payable[(4)] on(D) aany retroactiveadditional basisinformation from the date such person was initially unable to work as arequested result of contracting COVID-19 or duerequired toby symptomsthe thatadministrator. were later diagnosed as COVID-19, but not earlier than March 10, 2020, and not later than July 20, 2021:

(1)(2) WeeklyTo assistanceapply for allassistance uncompensatedfrom leave,the calculatedConnecticut asEssential seventy-fiveWorkers perCOVID-19 centAssistance ofFund, suchan affected person'semployee averageshall weeklysubmit earnings during the eight calendar weeks immediately preceding the date such person was initially unable to work as a resultclaim of contracting COVID-19, or due to symptomsthatthe wereadministrator, later diagnosed as COVID-19, except in thesuch caseform ofas anrequiredby employee who has not yet worked for thatemployer for aneight-week period,seventy-five per centofsuch affected person's average weekly earnings for the timeadministrator.Any period such employeeclaim wasshall employed,include: and after such earnings have been reduced by any deduction for:

(A) FederalEvidence orof statesuch taxes,affected oremployee's both;hourly earnings during the eight calendar weeks immediately preceding the date that such employee was unable to work due to an eligible reason for leave;

(B) the federalamount Insuranceof Contributionsuncompensated Act,leave providedincurred suchby assistance shall not exceed the averageaffected weeklyemployee earningsdue ofto allbeing workersunable into thework statebecause asof calculatedan byeligible thereason Laborfor Commissioner,leave; pursuant to section 31-309;

and (C) any benefitsadditional receivedinformation for total or partial unemployment as providedrequested in chapter 567, and any amount of temporary total or temporaryrequired partial disability benefits under chapter 568, for the same days of such claimed assistance, (2) all documented out-of-pocket COVID-19 related costs for medical and surgical aid or hospital and nursing service incurred directly as a result of such affected person contracting COVID-19, including, but not limited to, medical rehabilitation services, mental health therapy services and prescription drugs, and (3) burial expenses in the amount of three thousand dollars in any case in which an employee died due to contracting COVID-19 during (A) the public health and civil preparedness emergencies declared by the Governoradministrator. on March 10, 2020, or any extension of such declarations, or (B) any new public health and civil preparedness emergencies declared by the Governor as a result of a COVID-19 outbreak in this state.

(f)(e) (1) The administratorlevel of assistance offered to an affected person shall promptlybe reviewcalculated allas claimsfollows, submittedsubject pursuanttothissection.Theadministratorshallevaluateeachclaimandto LCOavailable No.funds, and payable on a retroactive basis from the date such person was initially unable to work as a result of contracting COVID-19 or due to symptoms that were later diagnosed as COVID-19, but not earlier than March 10, 2020, and not later than July 20, 2021:

3080[(1)] 5(A) Weekly assistance for all uncompensated leave, calculated as seventy-five per cent of 9such Raisedaffected Billperson's No.422average determine,weekly onearnings during the basiseight ofcalendar informationweeks providedimmediately bypreceding the affecteddate person,such person was initially unable to work as a result of contracting COVID-19, or additionaldue informationto providedsymptoms atthat were later diagnosed as COVID-19, except in the requestcase of thean administrator,employee whetherwho orhas not suchyet claimworked shouldfor bethat approvedemployer and,for ifan approved,eight-week theperiod, amountseventy-five per cent of assistancesuch offered.affected person's average weekly earnings for the time period such employee was employed, and after such earnings have been reduced by any deduction for:

The[(A)] administrator(i) shallFederal provideor suchstate determination,taxes, inor writing,both; to such affected person not later than sixty business days after having received the notice of claim, or, if the administrator requested additional information, not later than ten business days after receiving such additional information, and shall direct the Comptroller to pay any such assistance offered to such affected person in the amount and for the duration determined by the administrator, if applicable.

(g)[(B)] For(ii) purposes of this section, a pending workers' compensation claim submitted by an affected person shall not prevent the administratorfederal fromInsurance approvingContributions suchAct, person's claim for assistance under this section, provided any workers' compensation benefits such affectedassistance personshall receivesnot forexceed the workers'average compensationweekly claimearnings shallof beall offsetworkers byin the amountstate of assistance such affected person receives for uncompensated leave under this section, as deemedcalculated appropriate by the presidingLabor workers'Commissioner, compensationpursuant commissioner.to section 31-309;

and [(C)] (iii) any benefits received for total or partial unemployment as provided in chapter 567, and any amount oftemporary totalor temporary partialdisability benefitsunder chapter sSB422 / File No.

432 7 sSB422 File No.

432 568, for the same days of such claimed assistance;

[, (2)] (B) all documented out-of-pocket COVID-19 related costs for medical and surgical aid or hospital and nursing service incurred directly as a result of such affected person contracting COVID-19, including, but not limited to, medical rehabilitation services, mental health therapy services and prescription drugs;

[,] and [(3)] (C) burial expenses in the amountofthreethousanddollarsinany caseinwhichanemployeedied due to contracting COVID-19 during [(A)] (i) the public health and civil preparedness emergencies declared by the Governor on March 10, 2020, or any extension of such declarations, or [(B)] (ii) any new public health andcivilpreparednessemergenciesdeclaredbytheGovernorasaresult of a COVID-19 outbreak in this state.

(2) The level of assistance provided to an affected employee, subject to available funds, and payable on a retroactive basis from the date such employee was initially unable to work due to an eligible reason for leave, but not earlier than July 21, 2021, shall be one hundred per cent of such affected employee's hourly uncompensated leave, provided such assistance for any affected employee shall not exceed eighty hours of uncompensated leave.

(f) The administrator shall promptly review all claims submitted pursuanttothissection.Theadministratorshallevaluateeachclaimand determine, on the basis of information provided by the affected person or affected employee, or additional information provided at the request of the administrator, whether or not such claim should be approved and, if approved, the amount of assistance offered.

The administrator shall provide such determination, in writing, to such affected person or affected employee not later than sixty business days after having received thenotice ofclaim,or,iftheadministrator requestedadditional information, not later than ten business days after receiving such additionalinformation,andshalldirect theComptroller to pay any such assistance offered to such affected person or affected employee in the amount and for the duration determined by the administrator, if applicable.

sSB422 / File No.

432 8 sSB422 File No.

432 (g) For purposes of this section, a pending workers' compensation claim submitted by an affected person or affected employee shall not prevent the administrator from approving such person's claim for assistance under this section, provided any workers' compensation benefits such affected person receives for the workers' compensation claim shall be offset by the amount of assistance such affected person receives for uncompensated leave under this section, as deemed appropriate by the presiding workers' compensation commissioner.

(h) An affected person or affected employee may request that a determination made pursuant to subsection (f) of this section be reconsidered by thetheadministrator'sdesigneeby administrator's designee by filing aarequest requestwiththe with the administrator, on a form prescribed by the administrator, not later than twenty business days after the mailing of the notice of such determination.

The administrator, not later than three business days after receipt of such request for reconsideration, shall designate an individual to conduct such reconsideration and shall submit to such designated individual all documents relating to such affected person's claim.oraffectedemployee'sclaim.Theadministrator'sdesigneeshallconduct any reconsideration requested by an affected person or affected employee, which shall consist of a de novo review of all relevant evidence, not later than twenty business days after such individual's designation.

TheSuch administrator's LCOdesignee No.shall issue such designee's decision affirming, modifying or reversing the decision of the administrator not later than twenty business days after the designee's reconsideration of the determination and shall submit such decision in writing to the administrator and the affected person or affected employee.

3080The 6decision of 9 Raised Bill No.422 designee shall conductinclude anya reconsiderationshort requestedstatement byof anfindings affectedthat person, which shall consistspecify ofany aassistance deto novobe reviewpaid ofto allthe relevantaffected evidence,person notor lateraffected thanemployee twentyin businessaccordance dayswith aftersubsection such(f) individual'sof designation.this section.

SuchsSB422 administrator's/ designeeFile shallNo. issue such designee's decision affirming, modifying or reversing the decision of the administrator not later than twenty business days after the designee's reconsideration of the determination and shall submit such decision in writing to the administrator and theaffected person.

The432 decision9 shallsSB422 includeFile aNo. short statement of findings that shall specify any assistance to be paid to the affected person in accordance with subsection (f) of this section.

432 (i) Any statement, document, information or matter may be considered by the administrator or, on reconsideration, by the administrator's designee, if in the opinion of the administrator or designee, it contributes to a determination of the claim, whether or not the same would be admissible in a court of law.

(j) There shall be no right of appeal by any affected person or affected employee claiming assistance under this section following the final decision of the administrator's designee issued pursuant to subsection (h) of this section.

(k) Any assistance provided to an affected person or affected employee under this section shall not be considered income for the purpose of the state's personal income tax law, corporation tax or any other tax laws.

(l) If a claim is paid to an affected person or affected employee erroneously or as a result of wilfulmisrepresentationbysuchaffectedperson,theadministratormaywilful misrepresentation by such affected person or affected employee, the administrator may seek repayment of benefits from the affected person or affected employee having received such compensation and may also, in the case of wilful misrepresentation, seek payment of a penalty in the amount of fifty per cent of the benefits paid as a result of such misrepresentation.

(m) On or before January 1, 2022, and monthly thereafter, and any other time at the request of the administrator, the Comptroller shall submit a report to the administrator indicating the value of the Connecticut Essential Workers COVID-19 Assistance Fund at the time LCOof No.the report.

3080 7 of 9 Raised Bill No.422 of the report.

(3) an estimatesSB422 of/ theFile monthlyNo. administrative costs necessary to operate the program and the fund;

432 10 sSB422 File No.

432 estimate of the monthly administrative costs necessary to operate the program and the fund;

(o)This (1)act Beginningshall Julytake 21,effect 2021,as untilfollows the end of the COVID-19 public health and civil preparedness emergency declared by the Governor on March 10, 2020, the Connecticut Essential Workers COVID-19 Assistance Fund shall provideamend up to eighty hours of paid sick leave to all employees who were unable to perform the functionsfollowing ofsections: the job of such employee due to the employee's need to self-isolate due to being diagnosedwith,experiencing symptomsofor being exposedto COVID- 19.

EmployeesshallSection be1 eligibleregardlessofwhetherfrom suchpassage employee31-900 hasStatement theof abilityLegislative toCommissioners: work from home.

(2)In ToSubsection apply(g), for"or such assistance from the Connecticut Essential Workers COVID-19 Assistance Fund, an affected personemployee" shallwas submitadded afor claimconsistency. to the administrator, in such form as required by the administrator.

AnyLAB suchJoint claimFavorable shallSubst. include documentation from the employee's employer, such as a pay stub, that confirms that the employee was out for the amount of paid sick leave such employee is requesting.

(3)sSB422 The/ firstFile eightyNo. hours of paid sick leave shall come from the employee's employer.

Any432 amount11 surpassingsSB422 eightyFile hoursNo. may be requested from the Connecticut Essential Workers COVID-19 Assistance Fund.

LCO432 No.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.

3080In 8general, fiscal impacts are based upon a variety of 9informational Raisedsources, Billincluding No.the analyst’s professional knowledge.

422Whenever Thisapplicable, actagency shalldata takeis effectconsulted as followspart andof shallthe amendanalysis, thehowever followingfinal sections:products do not necessarily reflect an assessment from any specific department.

SectionOFA 1Fiscal fromNote passageState 31-900Impact: Statement of Purpose:

To:See Below Municipal Impact:

(1)None ExpandExplanation coverageThe underbill, which expands the fundEssential Workers' COVID-19 Assistance program to include essential workersemployees falling in thephase 1c phaseof for the COVID-19 vaccination program,program and (2)providesleave providebenefits up to eightythosewho hoursmissed ofwork paidwithout sickpay, leavemay toresult allin workersincreased whopayments werefrom unableresources allocated to workthe becauseprogram theyto hadthe toextent quarantinethat becauseadditional ofapplications COVID-19.are received.

[ProposedIncreased deletionsadministration arecosts enclosedmay also be incurred should there be a rise in brackets.submitted applications.

ProposedThe additionsbill aredoes indicatednot bymake underline,any exceptchanges thatto when the entireoriginal textallocation of a$34 billmillion orto resolutionthe orprogram. a section of a bill or resolution is new, it is not underlined.] LCO No.

3080For 9reference, ofthe 9program is administered by the Comptroller on a first-come first-serve basis through June 30, 2024.

The fund balance at the end of the first quarter, ending March 31, 2022, was $33,887,822.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

Sources:

Office of the State Comptroller CTEW Relief Fund Legislative Report sSB422 / File No.

432 12 sSB422 File No.

432 OLR Bill Analysis sSB 422 AN ACT CONCERNING THE ESSENTIAL WORKERS COVID-19 ASSISTANCE PROGRAM.

SUMMARY This bill expands the Essential Workers COVID-19 Assistance Program to cover a broader range of essential employees.

More specifically, these include people employed in a category that the Centers for Disease Control and Prevention (CDC) recommended for a vaccination in phase 1c of the COVID-19 vaccination program (e.g., employees in community housing services, transportation occupations, and restaurants, among many others).

PA 21-2, June Special Session, § 289, established the program to provide benefits for lost wages, out-of- pocket medical expenses, and burial expenses to certain essential employees who could not work due to contracting COVID-19 or symptoms that were later diagnosed as COVID-19 between March 10, 2020, and July 20, 2021.

The bill also expands the program to provide COVID-19 leave benefits to those who missed work, without pay, for certain reasons related to COVID-19 since July 21, 2021.

The eligible reasons for the leave include, among other things, the employee (1) having COVID-19 and needing to quarantine, (2) needing to quarantine because of COVID-19 symptoms or potential exposure to COVID-19, (3) being prohibited from working by his or her employer due to concerns over potential COVID-19 transmission, and (4) needing to care for a family member under quarantine or whose school has been closed due to COVID-19.

The expanded leave benefit is available to cover up to 80 hours of an employee’s unpaid time lost from work between July 21, 2021, and the end of the emergency declared by the governor on March 10, 2022 sSB422 / File No.

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432 (presumably, 2020), and extended by the legislature on February 14, 2022.

Lastly, the bill makes numerous technical and conforming changes.

EFFECTIVE DATE:

Upon passage ESSENTIAL EMPLOYEES Under current law, the “essential employees” covered by the program are those employed in a category that the CDC’s Advisory Committee on Immunization Practices, as of February 20, 2021, recommended to receive a COVID-19 vaccination in phase 1a or 1b of the COVID-19 vaccination program.

These include health care personnel, firefighters, police officers, corrections officers, food and agricultural workers, manufacturing workers, grocery store workers, public transit workers, education sector workers, and child care workers.

The bill further expands the essential employees covered by the program to include those who the CDC recommended for a COVID-19 vaccination in phase 1c of the program.

These include employees in the transportation and logistics, food service, energy, shelter and housing, and news media workforce categories, among several others.

COVID-19 LEAVE BENEFITS The bill also expands the program to provide up to 80 hours of COVID-19 leave benefits to “affected employees” who missed work, without pay, for an “eligible reason for leave” after July 20, 2021.

Affected Employees Under the bill, “affected employees” eligible for COVID-19 leave benefits are essential employees, as amended by the bill, who due to an “eligible reason for leave” could not perform the functions of their job at any time between July 21, 2021, and the end of the public health and civil preparedness emergencies declared by the governor on March 10, (presumably, 2020), and extended by the legislature on February 14, 2022.

sSB422 / File No.

432 14 sSB422 File No.

432 Affected employees do not include the following essential employees:

1.

those employed in a capacity where they worked solely from home and did not have physical interaction with other employees during the 14 consecutive days immediately before the eligible reason for leave or 2.

those who received a written offer or directive from their employer to work solely from home but otherwise chose to work at their employer’s work site.

Eligible Reasons for Leave Under the bill, the “eligible reasons for leave” for which affected employees may receive COVID-19 leave benefits are any of the following:

1.

affected employees’ need to (a) self-isolate and care for themselves due to a COVID-19 diagnosis, symptoms, or exposure;

(b) seek COVID-19 preventive care;

(c) seek or obtain a diagnosis,care,ortreatmentforCOVID-19symptoms;or(d)seek or obtain a COVID-19vaccine or booster dose, or recover from an injury, disability, illness, or condition related to one;

2.

affected employees’ need to comply with an order or determination to quarantine because (a) they have COVID-19 symptoms or possible exposure to COVID-19, regardless of whether they were diagnosed with COVID-19, and (b) their physical presence on the job or in the community would jeopardize their health or that of other employees or someone in the employee’s household;

3.

affected employees’ inability to work because they were (a) prohibited from working by their employer due to health concerns related to potential COVID-19 transmission;

(b) subject to a general local, state, or federal quarantine order;

or (c) seeking or waiting for a COVID-19 diagnosis or test result after an sSB422 / File No.

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432 exposure to COVID-19 or request by the employer;

4.

affected employees’ need to care for a family member who is (a) self-quarantining or subject to a general local, state, or federal quarantine order or (b) seeking preventive care, diagnosis, treatment, or a vaccine or booster, or recovering from them;

5.

affected employees’ need to care for a child or other family member whose (a) care provider is unavailable due to COVID-19 or (b) school or place of care has been closed due to COVID-19, including when it is physically closed but provides virtual learning, requires or has optional virtual learning, or requires or offers a hybrid of in-person and virtual learning;

or 6.

affected employees cannot work because they have a health conditionthat may increase susceptibility to orrisk ofCOVID-19, including age, heart disease, asthma, lung disease, diabetes, kidney disease, or a weakened immune system.

Under the bill, a “family member” for whom an affected employee may use the leave includes a spouse, sibling, son or daughter, grandparent, grandchild, or parent, or an individual related to the employee by blood or affinity whose close association the employee is the equivalent of those family relationships.

Benefits The bill allows eligible affected employees to receive up to 80 hours of benefits for their “uncompensated leave,” which is the wages or salary they lost due to an eligible reason for leave.

An employee’s uncompensated leave does not include any leave from work that was covered by a paid leave plan provided by their employer or under a state or federal law.

Under the bill, an affected employee’s benefit level, subject to available funds, must be 100% of his or her hourly uncompensated leave.

The benefit is available retroactively to July 21, 2021, for work lost due to an eligible reason for leave.

sSB422 / File No.

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432 As with the benefits currently provided by the program, the bill’s COVID-19 leave benefits are not considered income under the state’s personal income tax law, corporation tax, or any other tax laws.

Applications To apply for COVID-19 leave benefits, the bill requires an affected employee to submit a claim to the program administrator (i.e., the state comptroller) in a form the administrator requires.

The claim must include (1) evidence of the employee’s hourly earnings during the eight calendar weeks immediately preceding the date that the employee could not work due to an eligible reason for leave, (2) the amount of uncompensated leave the employee incurred due to the leave, and (3) any additional information the administrator requests or requires.

Claim Determinations, Appeals, and Overpayments The bill extends the current program’s provisions on claim determinations, appeals, and overpayments to COVID-19 leave benefits, which are briefly summarized below.

Claim Determinations.

The administrator must promptly review the claims based on the provided information and evaluate each one to determine whether it should be approved and, if so, the benefit amount.

The administrator must provide a written determination within 60 business days after receiving the claim notice or, if the administrator requested additional information, within 10 business days after receiving that information.

The administrator must direct the comptroller to pay the COVID-19 leave benefits in the amount and for the duration determined by the administrator, if applicable.

Appeals.

An affected employee may request that a claims determination be reconsidered by the administrator’s designee.

The request must be filed within 20 business days after the determination notice was mailed.

The designee must conduct the requested reconsideration as a de novo review of all relevant evidence and issue a decisionaffirming,modifying,or reversingtheadministrator’sdecision.

An affected employee cannot further appeal a case beyond the sSB422 / File No.

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432 administrator’s designee.

Overpayments.

If a claim is paid to an affected employee erroneously or due to the employee’s willful misrepresentation, the administrator may seek repayment of benefits.

For willful misrepresentation, the administrator may also seek payment of a penalty equal to 50% of the benefits paid because of the misrepresentation.

COMMITTEE ACTION Labor and Public Employees Committee Joint Favorable Substitute Yea 9 Nay 4 (03/24/2022) sSB422 / File No.

432 18