Connecticut Seal

Substitute House Bill No. 5930

Public Act No. 03-187

AN ACT CONCERNING CONFIDENTIALITY OF EMPLOYEE ASSISTANCE PROGRAM CLIENT COMMUNICATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 31-128a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

As used in this chapter:

(1) "Employee" means any individual currently employed or formerly employed by an employer and includes individuals in managerial positions;

(2) "Employee assistance program" means a program sponsored or authorized by an employer, intended to assist employees in identifying and resolving personal concerns including, but not limited to, health, marital, family, financial, alcohol, drug, gambling, legal, emotional, stress or other personal issues that may affect job performance;

(3) "Employee assistance professional" means any person who is required by job description or employment contract to provide services pursuant to an employee assistance program;

[(2)] (4) "Employer" means an individual, corporation, partnership or unincorporated association;

[(3)] (5) "Personnel file" means papers, documents and reports pertaining to a particular employee which are used or have been used by an employer to determine such employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action including employee evaluations or reports relating to such employee's character, credit and work habits. "Personnel file" does not mean stock option or management bonus plan records, medical records, letters of reference or recommendations from third parties including former employers, materials which are used by the employer to plan for future operations, information contained in separately maintained security files, test information, the disclosure of which would invalidate the test, or documents which are being developed or prepared for use in civil, criminal or grievance procedures;

[(4)] (6) "Medical records" means all papers, documents and reports prepared by a physician, psychiatrist or psychologist that are in the possession of an employer and are work-related or upon which such employer relies to make any employment-related decision;

[(5)] (7) "Security files" means memoranda, documents or collections of information relating to investigations of losses, misconduct or suspected crimes, and investigative information maintained pursuant to government requirements, provided such memoranda, documents, or information are maintained separately and not used to determine an employee's eligibility for employment, promotion, additional compensation, transfer, termination, disciplinary or other adverse personnel action.

Sec. 2. Section 31-128i of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2003):

(a) No employee assistance professional, employee or state employee shall be required to disclose any information or records concerning or confirming the employee's voluntary participation in an employee assistance program sponsored or authorized by an employer or the state or any of its agencies.

(b) Except as permitted under section 31-128f, no employee assistance program, by itself or its agents or representatives, shall disclose any information or records concerning or confirming an employee's or a state employee's voluntary participation in such program without the prior written consent of the employee or state employee, except where disclosure is necessary to prevent harm to the employee or others.

(c) For purposes of this section, "state employee" means any employee in the executive, legislative or judicial branch of state government, whether in the classified or unclassified service and whether full or part-time and any employee of a quasi-public agency.

Approved June 26, 2003