AN ACT CONCERNING FAMILY AND MEDICAL LEAVE.

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

Section 1. Subsection (a) of section 5-247 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) (1) Each appointing authority shall grant, on account of illness or injury, to each full-time employee in a permanent position in the state service who has furnished satisfactory proof of such illness or injury, such sick leave with pay as has accrued to [his] such employee's credit at the rate of one and one-quarter working days for each completed calendar month of continuous full-time service which may be computed on an hourly basis. Hourly computation of sick leave shall not diminish benefit entitlement.

(2) Each appointing authority shall grant to each full-time employee in a permanent position in the state service who has furnished satisfactory proof of (A) the birth or adoption of a child of the employee, or (B) a serious illness of a child, spouse or parent of the employee, up to two weeks of such sick leave with pay as has accrued to the employee's credit pursuant to subdivision (1) of this subsection.

(3) On or before [October 1, 1980] January 1, 2006, the Commissioner of Administrative Services shall adopt regulations, in accordance with chapter 54, concerning the accrual, prorating and granting of sick leave with pay to other employees in the state service and extending sick leave with pay or with part pay for longer periods to full-time permanent employees disabled through illness or injury. Such regulations shall specify that such other employees are entitled to use up to two weeks of accumulated sick leave upon the birth or adoption of a child of such employee, or upon the serious illness of a child, spouse or parent of such employee.

(4) Each such employee who retires under the provisions of chapter 66 shall be compensated, effective as of the date of [his] retirement, at the rate of one-fourth of such employee's salary for sick leave accrued to [his] such employee's credit as of [his] such employee's last day on the active payroll up to a maximum payment equivalent to sixty days' pay. Such payment for accumulated sick leave shall not be included in computing retirement income and shall be charged by the State Comptroller to the department, agency or institution in which the employee worked.

(5) For purposes of this subsection, "serious illness" means an illness, injury, impairment or physical or mental condition that involves (A) inpatient care in a hospital, hospice or residential care facility, or (B) continuing treatment or continuing supervision by a health care provider.

Sec. 2. Subdivision (4) of section 31-51kk of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(4) "Employer" means a person engaged in any activity, enterprise or business who employs seventy-five or more employees, and includes any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer and any successor in interest of an employer, but [shall] does not include the state. [, a municipality, a local or regional board of education, or a private or parochial elementary or secondary school.] The number of employees of an employer shall be determined on October first annually.

Statement of Purpose:

To allow state employees to use up to two weeks of accumulated sick leave while on family and medical leave due to the birth or adoption of a child or to care for a seriously ill child, spouse or parent, and to extend the coverage of the state's Family and Medical Leave Act to employees of towns, boards of education and private and parochial schools.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]