Connecticut Seal

General Assembly

File No. 65

    January Session, 2017

House Bill No. 5278

House of Representatives, March 16, 2017

The Committee on Labor and Public Employees reported through REP. PORTER of the 94th Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING PAID SICK LEAVE FOR EMERGENCY MEDICAL DISPATCHERS AND CALL RECEIVING OPERATORS.

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

Section 1. Section 31-57r of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

As used in this section and sections 31-57s to 31-57w, inclusive:

(1) "Child" means a biological, adopted or foster child, stepchild, legal ward of a service worker, or a child of a service worker standing in loco parentis, who is (A) under eighteen years of age; or (B) eighteen years of age or older and incapable of self-care because of a mental or physical disability;

(2) "Day or temporary worker" means an individual who performs work for another on (A) a per diem basis, or (B) an occasional or irregular basis for only the time required to complete such work, whether such individual is paid by the person for whom such work is performed or by an employment agency or temporary help service, as defined in section 31-129;

(3) "Employee" means an individual engaged in service to an employer in the business of the employer;

(4) "Employer" means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company or other entity that employs fifty or more individuals in the state, which shall be determined based on such person's, firm's, business', educational institution's, nonprofit agency's, corporation's, limited liability company's or other entity's payroll for the week containing October first, annually. "Employer" does not include: (A) Any business establishment classified in sector 31, 32 or 33 in the North American Industrial Classification System, or (B) any nationally chartered organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, that provides all of the following services: Recreation, child care and education;

(5) "Family violence" has the same meaning as provided in section 46b-38a;

(6) "Retaliatory personnel action" means any termination, suspension, constructive discharge, demotion, unfavorable reassignment, refusal to promote, disciplinary action or other adverse employment action taken by an employer against an employee or a service worker;

(7) "Service worker" means an employee primarily engaged in an occupation with one of the following broad or detailed occupation code numbers and titles, as defined by the federal Bureau of Labor Statistics Standard Occupational Classification system or any successor system: (A) 11-9050 Food Service Managers; (B) 11-9110 Medical and Health Services Managers; (C) 21-1020 Social Workers; (D) 21-1093 Social and Human Service Assistants; (E) 21-1094 Community Health Workers; (F) 21-1099 Community and Social Service Specialists, All Other; (G) 25-4020 Librarians; (H) 29-1050 Pharmacists; (I) 29-1070 Physician Assistants; (J) 29-1120 Therapists; (K) 29-1140 Registered Nurses; (L) 29-1150 Nurse Anesthetists; (M) 29-1160 Nurse Midwives; (N) 29-1170 Nurse Practitioners; (O) 29-2020 Dental Hygienists; (P) 29-2040 Emergency Medical Technicians and Paramedics; (Q) 29-2050 Health Practitioner Support Technologists and Technicians; (R) 29-2060 Licensed Practical and Licensed Vocational Nurses; (S) 31-1011 Home Health Aides; (T) 31-1012 Nursing Aides, Orderlies and Attendants; (U) 31-1013 Psychiatric Aides; (V) 31-9091 Dental Assistants; (W) 31-9092 Medical Assistants; (X) 33-9032 Security Guards; (Y) 33-9091 Crossing Guards; (Z) 35-1010 Supervisors of Food Preparation and Serving Workers; (AA) 35-2010 Cooks; (BB) 35-2020 Food Preparation Workers; (CC) 35-3010 Bartenders; (DD) 35-3020 Fast Food and Counter Workers; (EE) 35-3030 Waiters and Waitresses; (FF) 35-3040 Food Servers, Nonrestaurant; (GG) 35-9010 Dining Room and Cafeteria Attendants and Bartender Helpers; (HH) 35-9020 Dishwashers; (II) 35-9030 Hosts and Hostesses, Restaurant, Lounge and Coffee Shop; (JJ) 35-9090 Miscellaneous Food Preparation and Serving Related Workers; (KK) 37-2011 Janitors and Cleaners, Except Maids and Housekeeping Cleaners; (LL) 37-2019 Building Cleaning Workers, All Other; (MM) 39-3030 Ushers, Lobby Attendants and Ticket Takers; (NN) 39-5010 Barbers, Hairdressers, Hairstylists and Cosmetologists; (OO) 39-6010 Baggage Porters, Bellhops and Concierges; (PP) 39-9010 Child Care Workers; (QQ) 39-9021 Personal Care Aides; (RR) 41-1010 First-Line Supervisors of Sales Workers; (SS) 41-2011 Cashiers; (TT) 41-2021 Counter and Rental Clerks; (UU) 41-2030 Retail Salespersons; (VV) 43-3070 Tellers; (WW) 43-4080 Hotel, Motel and Resort Desk Clerks; (XX) 43-4170 Receptionists and Information Clerks; (YY) 43-5020 Couriers and Messengers; (ZZ) 43-5031 Police, Fire and Ambulance Dispatchers; (AAA) 43-6010 Secretaries and Administrative Assistants; [(AAA)] (BBB) 43-9010 Computer Operators; [(BBB)] (CCC) 43-9020 Data Entry and Information Processing Workers; [(CCC)] (DDD) 43-9030 Desktop Publishers; [(DDD)] (EEE) 43-9040 Insurance Claims and Policy Processing Clerks; [(EEE)] (FFF) 43-9050 Mail Clerks and Mail Machine Operators, Except Postal Service; [(FFF)] (GGG) 43-9060 Office Clerks, General; [(GGG)] (HHH) 43-9070 Office Machine Operators, Except Computer; [(HHH)] (III) 43-9080 Proofreaders and Copy Markers; [(III)] (JJJ) 43-9110 Statistical Assistants; [(JJJ)] (KKK) 43-9190 Miscellaneous Office and Administrative Support Workers; [(KKK)] (LLL) 51-3010 Bakers; [(LLL)] (MMM) 51-3020 Butchers and Other Meat, Poultry and Fish Processing Workers; [(MMM)] (NNN) 51-3090 Miscellaneous Food Processing Workers; [(NNN)] (OOO) 53-3010 Ambulance Drivers and Attendants, Except Emergency Medical Technicians; [(OOO)] (PPP) 53-3020 Bus Drivers; [(PPP)] (QQQ) 53-3040 Taxi Drivers and Chauffeurs; or [(QQQ)] (RRR) 29-2034 Radiologic Technologists, and is (i) paid on an hourly basis, or (ii) not exempt from the minimum wage and overtime compensation requirements of the Fair Labor Standards Act of 1938 and the regulations promulgated thereunder, as amended from time to time. "Service worker" does not include day or temporary workers;

(8) "Sexual assault" means any act that constitutes a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a;

(9) "Spouse" means a husband or wife, as the case may be; and

(10) "Year" means any three-hundred-sixty-five-day period used by an employer to calculate employee benefits.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017

31-57r

LAB

Joint Favorable

 

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. In general, fiscal impacts are based upon a variety of informational 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 18 $

FY 19 $

Various Municipalities

STATE MANDATE - Potential Cost

See Below

See Below

Explanation

The bill results in a potential cost to municipalities as it requires employers to provide paid sick leave benefits to emergency dispatchers and call receiving operators. The potential cost to municipalities varies significantly depending on three factors: whether a town already provides paid sick-leave benefits to employees who fall under these job titles, the number of such workers the town employs, and their compensation. It is expected that the number of towns that already provide paid sick leave significantly outweigh those that do not.

Using average compensation figures for medical dispatchers in the state, it is estimated that a municipality would incur a cost of approximately $20 per hour per employee while providing this benefit.

There is expected to be no fiscal impact on smaller municipalities because they utilize regional, state-run dispatch centers.

The Out Years

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

Sources:

City of New Haven Benefits Information

 

Town of West Hartford Benefits Information

OLR Bill Analysis

HB 5278

AN ACT CONCERNING PAID SICK LEAVE FOR EMERGENCY MEDICAL DISPATCHERS AND CALL RECEIVING OPERATORS.

SUMMARY

This bill adds police, fire, and ambulance dispatchers to the list of employees eligible to qualify for paid sick leave under the state law. The law currently includes 69 job titles listed by the federal Bureau of Labor Statistics' Standard Occupational Classification System number and title.

The “police, fire, and ambulance dispatchers” category (number 43-5031) is for phone or radio dispatchers or operators who handle calls from the public for emergency help.

The bill applies the conditions and requirements of the existing paid sick leave law to the new group (see BACKGROUND).

EFFECTIVE DATE: October 1, 2017

BACKGROUND

Paid Sick Leave Law Requirements

Under the law, eligible employees accrue one hour of sick leave for every 40 hours worked (CGS 31-57s).

To be eligible a worker:

Related Bill

HB 6215, reported favorably by the Labor Committee, applies the paid sick leave law to certain types of teachers and instructors, such as tutors and substitute teachers.

COMMITTEE ACTION

Labor and Public Employees Committee

Joint Favorable

Yea

7

Nay

6

(03/02/2017)

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