HB 5165 — AN ACT EXPANDING CONNECTICUT FAMILY AND MEDICAL LEAVE BENEFITS TO NONCERTIFIED SCHOOL EMPLOYEES.

House of Representatives General Assembly RaisedFile Bill No.

516579 February Session, 2024 LCOSubstitute House Bill No.

10765165 ReferredHouse toof Representatives, March 21, 2024 The Committee on LABORLabor ANDand PUBLICPublic EMPLOYEESEmployees Introducedreported by:through REP.

(LAB)SANCHEZ, ANE. ACT EXPANDING CONNECTICUT FAMILY AND MEDICAL LEAVE BENEFITS TO NONCERTIFIED SCHOOL EMPLOYEES.

of the 24th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT EXPANDING CONNECTICUT FAMILY AND MEDICAL LEAVE BENEFITS TO NONCERTIFIED SCHOOL EMPLOYEES.

103- 3, and 29 CFR 825.112,] which benefits shall be the same as are provided tosHB5165 an/ employeeFile who is a party to a marriage in which the other party is of the opposite sex of such employee, [or] (2) on or after the effective LCO No.

107679 1 ofsHB5165 3File RaisedNo. Bill No.5165 date of regulations adopted pursuant to subsection (f) of this section, [a school paraprofessional] any paraeducator in an educational setting who has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer duringtheprevioustwelve-monthperiod,[thesamefamilyandmedical leave benefits provided under subdivision (1) of this subsection to an employee who has been employed for at least twelve months by such employer and for at least one thousand two hundred fifty hours of service with such employer during the previous twelve-month period] or (3) on or after October 1, 2024, any person employed by a local or regional board of education who does not hold a professional certification under chapter 166 and has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period.

(b)79 (1)to Anyan employee of a political subdivision of the state who is a party to a marriage in which the other party is of the sameopposite sex asof the employee and who has worked at least twelve months and one thousand two hundred fifty hours for such employeremployee, during the previous twelve-month period, [or] (2) on or after the effective date of regulations adopted pursuant to subsection (f) of this section, [a school paraprofessional] any paraeducator in an educational setting who has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer duringduringtheprevioustwelve-monthperiod,[thesamefamilyandmedical theleave previousbenefits twelve-monthprovided period,under andsubdivision (3)(1) onof orthis aftersubsection Octoberto 1,an 2024,employee anywho personemployed by a local or regionalboardofeducationwho does not hold a professional certification under chapter 166 and has been employed for at least twelve months by such employer and for at least nineone thousand two hundred fifty hours of service with such employer during the previous twelve-month periodperiod] mayor request(3) leaveon inor orderafter toOctober serve1, as2024, anany organperson employed by a local or boneregional marrowboard donor,of providededucation suchwho employeedoes maynot behold required,a priorprofessional tocertification theunder inceptionchapter of166 and has been employed for at least twelve months by such leave,employer toand providefor sufficientat writtenleast certificationnine fromhundred thefifty physicianhours of service with such employee,employer aduring physicianthe assistantoranadvancedpracticeregisterednurseoftheproposedorganprevious LCOtwelve-month No.period.

1076(b) 2(1) Any employee of 3a Raisedpolitical Billsubdivision of the state who has worked at least twelve months and one thousand two hundred fifty hours for such employer during the previous twelve-month period, [or] (2) on or after the effective date of regulations adopted pursuant to subsection (f) of this section, [a school paraprofessional] any paraeducator in an educational setting who has been employed for at leasttwelvemonthsby suchemployerandforatleastninehundredfifty hours of service with such employer during the previous twelve-month period, or (3)onor after October 1,2024,any personemployedby alocal or regional board of education who does not hold a professional certification under chapter 166 and has been employed for at least twelve months by such employer and for at least nine hundred fifty hours of service with such employer during the previous twelve-month period may request leave in order to serve as an organ or bone marrow donor, provided such employee may be required, prior to the inception of such leave, to provide sufficient written certification from the physician of such employee, a physician assistant or an advanced practice registered nurse of the proposed organ or bone marrow sHB5165 / File No.

516579 or2 bonesHB5165 marrowFile donationNo. and the probable duration of the employee's recovery from such donation.

79 donation and the probable duration of the employee's recovery from such donation.

Section 1 October 1, 2024 Section 1 31-51rr(a) and (b) StatementLAB ofJoint Purpose:Favorable Subst.

TosHB5165 extend/ theFile stateNo. family and medical leave benefits to employees of a local or regional board of education who do not hold professional certification under chapter 166 of the general statutes.

[Proposed79 deletions3 aresHB5165 enclosedFile inNo. brackets.

Proposed79 additionsThe arefollowing indicatedFiscal byImpact underline,Statement exceptand underlined.]eBill entireAnalysis textare prepared for the benefit of athe billmembers orof resolutionthe orGeneral aAssembly, sectionsolely offor apurposes billof orinformation, resolutionsummarization isand new,explanation itand isdo not LCOrepresent No.the intent of the General Assembly or either chamber thereof for any purpose.

1076In 3general, fiscal impacts are based upon a variety of 3informational 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:

None Municipal Impact:

Municipalities Effect FY 25 $ FY 26 $ Local and Regional School STATE Minimal Minimal Districts MANDATE 1 - Cost Explanation The bill results in a cost to local and regional school districts beginning in FY 25 by reducing the number of hours that certain non- certified school employees must have worked in the prior year in order to qualify for unpaid family and medical leave benefits.

To the extent that a non-certified employee (1) becomes eligible for these benefits due to the bill's lower threshold, and (2) takes unpaid leave, there is a cost to local and regional school districts to provide overtime for covering employees.

Any cost is anticipated to be minimal.

The Out Years The annualized ongoing fiscal impact identified above would continue into the future subject to the number of school employees who choose to take these benefits as a result of the bill.

State 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.

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79 OLR Bill Analysis sHB 5165 AN ACT EXPANDING CONNECTICUT FAMILY AND MEDICAL LEAVE BENEFITS TO NONCERTIFIED SCHOOL EMPLOYEES.

SUMMARY This bill reduces the number of work hours noncertified school employees need to qualify for unpaid family and medical leave benefits.

Under federal law, all municipal employees, including all public school employees, qualify for unpaid leave and job reinstatement under the Family and Medical Leave Act (FMLA) if they have been employed by the municipality or school district for at least 12 months and worked at least 1,250 hours in the previous 12 months.

The bill requires boards of education to provide benefits equal to those provided by the federal FMLA to noncertified employees who have (1) been employed by the board for at least 12 months and (2) worked at least 950 hours for the board during the 12 months before taking the benefit (see BACKGROUND).

(Connecticut’s FMLA law does not cover municipal employees.) The bill similarly reduces the work requirement, from 1,250 to 950 hours in the previous 12 months, for noncertified employees to request leave to serve as an organ or bone marrow donor.

Noncertified employees are board of education employees, such as cafeteria workers, janitorial staff, administrative support staff, and security staff, who do not need to hold a professional education certificate like other school professions (e.g., teachers or school social workers).Existinglawalreadyallowsschoolparaprofessionals(whoare also noncertifiedemployees)toqualify fortheleave, including for organ orbonemarrowdonation,afterworking950hours.Thebillalsochanges the term “school paraprofessional” to “paraeducator” to be consistent with other education law.

The bill also makes technical changes.

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79 EFFECTIVE DATE:

October 1, 2024 BACKGROUND Federal FMLA Provisions The federal FMLA provides up to 12 weeks of unpaid leave to employees of all political subdivisions, including towns, cities, boroughs, and school districts.

The table below shows the law’s provisions.