SB 220 — AN ACT CONCERNING CLARIFYING THE APPEALS PROCESS UNDER THE PAID FAMILY AND MEDICAL LEAVE STATUTES.

General Assembly Substitute Senate Bill No.

220 FebruaryPublic Session,Act 2024No. AN ACT CONCERNING CLARIFYING THE APPEALS PROCESS UNDER THE PAID FAMILY AND MEDICAL LEAVE STATUTES.

24-102 AN ACT CONCERNING CLARIFYING THE APPEALS PROCESS UNDER THE PAID FAMILY AND MEDICAL LEAVE STATUTES.

Section 31-49p of the general statutes is repealed and the following is substituted in lieu thereof (Effective fromJuly passage):1, 2024):

For purposes of this section, "file record" means any documents submitted to the Paid Family and Medical Leave Insurance Authority or to the private plan administrator, any documents relied upon by the LCO 1 of 6 Substitute Senate Bill No.

220 to the private plan administrator, any documents relied upon by the authority or the private plan administrator in making its determination, and any other documents the commissioner, or the commissioner's designee, deems necessary to dispose of the appeal.

The commissioner, or the commissioner'sdesignee, shall,onor before thefourteenthcalendar day thereafter,Public causeAct theNo. original appeal to be mailed to the clerk of the Superior Court and a copy sent to each party listed in the decision being appealed by mail or electronically through the Connecticut Labor Department Leave Complaint and Appeal Portal.

The24-102 clerk shall docket LCO 2 of 6 Substitute Senate Bill No.

220 suchthereafter, cause the original appeal asto returnedbe filed electronically or mailed to the nextclerk returnof daythe afterSuperior Court and a copy sent to each party listed in the receiptdecision ofbeing suchappealed appeal.by mail or electronically through the Connecticut Labor Department Leave Complaint and Appeal Portal.

The clerk shall docket such appeal as returned to the next return day after the receipt of such appeal.

(4)AnyappealtotheSuperiorCourttakenunderthissubsectionshall bePublic heardAct byNo. the court upon the certified copy of the record filed by the commissioner, or the commissioner's designee.

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220 be heard by the court upon the certified copy of the record filed by the commissioner, or the commissioner's designee.

Any review by the court shall be limited to determining (A) whether the findings of the commissioner, or the commissioner's designee, should be corrected, LCOor 3(B) ofwhether 6there Substituteis Billany No.evidence in the record to support in law the conclusions reached.

220 or (B) whether there is any evidence in the record to support in law the conclusions reached.

The commissioner, or the commissioner's designee, shall file suchPublic motionAct alongNo. with the commissioner's, or the commissioner's designee's, decision with the court within a reasonable time upon receiving such motion.

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220 such motion along with the commissioner's, or the commissioner's designee's, decision with the court within a reasonable time upon receiving such motion.

LCO(6) 4In any appeal taken under this subsection, unless the court shall otherwise order after motion and hearing, the final decision of 6the Substitutecourt Billshall No.be the decision as to all parties to the original proceeding before the commissioner, or the commissioner's designee.

220When (6)an In any appeal is taken underto thisthe subsection,Superior unlessCourt, the courtclerk shallthereof otherwiseshall, orderin afterwriting, motionnotify andthe hearing,commissioner, theor finalthecommissioner'sdesignee, decisionofany actionofthecourt thereon and of the courtdisposition shallof besuch theappeal decisionwhether asby tojudgment, allremand, partieswithdrawal toor otherwise and shall, upon the originaldecision proceedingon beforethe appeal, furnish the commissioner, or the commissioner's designee.designee, with a copy of such decision.

When an appeal is taken to the Superior Court, the clerk thereof shall, in writing, notify the commissioner, orthecommissioner'sdesignee, ofany actionofthecourt thereon and of the disposition of such appeal whether by judgment, remand, withdrawal or otherwise and shall, upon the decision on the appeal, furnish the commissioner, or the commissioner's designee, with a copy of such decision.

(f)Public TheAct LaborNo. Department shall adopt regulations, in accordance with the provisions of chapter 54, concerning the rules of procedure for the disposition of appeals filed under the provisions of this section.

This24-102 act5 shallof take6 effectSubstitute asSenate followsBill andNo. shall amend the following sections:

Section220 1(f) fromThe passageLabor 31-49pDepartment LABshall Jointadopt Favorableregulations, Subst.in accordance with the provisions of chapter 54, concerning the rules of procedure for the disposition of appeals filed under the provisions of this section.

JUDApproved JointJune Favorable4, LCO2024 5Public ofAct 6 Substitute Bill No.

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