Labor and Public Employees Committee
JOINT FAVORABLE REPORT
Bill No.: HB-6537
AN ACT CONCERNING EXPANSION OF PAID SICK DAYS AND DOMESTIC
Title: WORKER COVERAGE.
Vote Date: 3/25/2021
Vote Action: Joint Favorable Substitute
PH Date: 3/4/2021
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Labor and Public Employees Committee
REASONS FOR BILL:
This legislation amends the current general statutes to require that all employers, regardless
of size, provide paid sick leave to their employees. Accruement for paid sick time begins July
1, 2021 or on the hired date, if after July 1, 2021. For every thirty hours worked by a service
worker, they would accrue one hour of paid sick time. Up to forty hours of unused paid sick
time can roll-over to the next year. Furthermore, employees do not have a responsibility to
cover their own shifts when they are claiming paid sick leave. Employers will be in
compliance with this legislation if they offer other types of paid leave at an equal or greater
rate as described above. Other types of paid leave can be paid vacation, personal days, or
paid time off. The legislation also includes an additional paid leave benefit that is specific to
COVID-19. Lastly, this bill designates the Personal Care Attendant (PCA) Workforce Council
to act as the employer on behalf of all personal care attendants who are typically hired by
Medicaid recipients.
RESPONSE FROM ADMINISTRATION/AGENCY:
SECRETARY MELISSA MCCAW, OFFICE OF POLICY AND MANAGEMENT:
Secretary McCaw raised three points of concern on behalf of Governor Lamont in regard to
the last point of the bill stated above. First, they are concerned that the State will appear to be
a joint employer of personal care attendants with the Medicaid client. The State would then
be responsible for additional financial burdens, such as overtime costs. Ultimately, this may
result in Medicaid self-directed programs no longer being a financially viable option in CT.
Furthermore, the rates to accrue paid leave is too exorbitant for the work that PCAs do. They
would have 200 hours of paid leave per year with this bill, which the Governor believes will
risk access to care for Medicaid recipients. Lastly, Secretary McCaw argues that the current
bill is too costly. The State pick up $6.5 million per year for PCAs paid leave time. Ultimately,
the Governor believes that the PCA Workforce Council is not the appropriate entity to
administer a paid leave benefit and that PCAs already have adequate paid leave benefits in
the form of 12 week-long federal paid leave.
KURT WESTBY, DEPARTMENT OF LABOR, COMMISSIONER:
Commissioner Westby is in support of the raised bill and agrees that the contents of the bill
will modernize the states labor laws. The only concern was that the bill would have a
significant fiscal impact on the DOL because it would require the agency to hire additional
staff in our Wage and Workplace Standards Division as well as our Legal Division to
accommodate the increased inquiries and complaints that would result.
TANYA HUGHES EXECUTIVE DIRECTOR
CHERYL SHARP, DEPUTY DIRECTOR
COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
The commission strongly supports this bill because of the disparate impact this has on people
with disabilities, people of color and women. An expansion of paid leave, particularly during a
devasting pandemic, will help members of these communities who require it most.
CONNECTICUT DEPARTMENT OF SOCIAL SERVICES:
The department does not support the Personal Care Attendant Workforce Council acting on
behalf of all Medicaid participants who currently hire and manage their own personal care
attendants. The Council and OPM negotiates and administers the PCA collective bargaining
agreement with the union that represent PCAs,1999 SEIU-NE. Their specific role is
collective bargaining and not designed to have any employer authority. In CT's "self-directed"
programs, Medicaid participants are the employers. Shifting responsibilies from the Medicaid
participant to the Council is inconsistent with the purpose and design of the self-directed
program and negatively impacts the Medicaid participant's authority as an employer. There is
also a financial risk to this decision since the state appears to be assuming employer
responsibility. Funds are not currently in the DSS budget or in the Governor's proposed
budget to fund an expansion of family and medical paid time off.
NATURE AND SOURCES OF SUPPORT:
KATE FARRAR, REPRESENTATIVE, DEPUTY MAJORITY CAUCUS CHAIR, STATE OF
CONNECTICUT
The pandemic has taught us many things, especially about the gaps in public policies and the
necessity for change. Our paid sick leave law applies only to certain hourly service workers
whose employers have 50 or more employees. This barely protects the large number of
workers who need it. Our statute leaves out a large portion of the hourly workforce employed
by small businesses or who dont fit into the narrow definition of "service worker". It exempts
non-profits, manufacturers and temporary or day laborers. Many people stepped up to help
during this pandemic. Now it is our turn as the legislature to take action and enact these
initial measures as permanent because workers and employers will continue to need access
to paid sick leave. This is also a critical gender and racial justice issue with women and
workers of color overrepresented in jobs that don't provide sick leave. This bill does the right
thing by covering all workers for up to 40 hours of sick time, eliminating the waiting period for
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an employee to use the paid sick days, meeting the definition of family for today's world, and
addressing the need for continued pandemic sick leave
STEPHEN ANDERSON, PRESIDENT, SEIU LOCAL 2001
After the year we experienced and the challenges we faced and will continue to face because
of the COVID-19 virus, there should be no debate as to the necessity of this bill.
Removing the employers size threshold, job classification list, eliminating the waiting period
and including all types of structures/relationships in the use of paid sick days, as well as
providing pandemic-related sick leave, will make the State stronger while respecting the
sacrifices and commitments of these working people. When it comes to basic labor
protections afforded most workers over the past 60 years, domestic workers have been
invisible. Domestic workers will no longer have to choose between keeping themselves and
those around them safe and healthy.
MARIANNE BELLESORTE, FAMILY VALUES WORK
Valuing caregiving and enabling people to be good providers and family members is key to
achieving racial, gender and economic equality. Too many workers have not had access to a
single sick day throughout the entire pandemic due to exemptions from the state's law or from
the federal Families First Coronavirus Response Act. They are least likely to have access to
sick days and are on the frontline of the pandemic, including women of color and people of
color who make up the majority of domestic and essential workers.
When they face illness, they must choose between caring for themselves and those they love
or keeping their jobs. This decision ripples out beyond any one worker or family, especially in
a pandemic. Pressuring employees to work through illnesses without adequate time to
recover causes productivity losses for business, and health consequences for workers. The
paid sick day laws should be brought up-to-date by removing the employee size and job
classification from paid sick day legislation, allowing workers to use the paid sick days they
have accrued immediately, including all people considered 'family' and providing pandemic
related sick time and COVID specific leave.
JAMES BHANDARY-ALEXANDER, MEDICAL- LEGAL DIRECTOR, LEGAL
PARTNERSHIP PROGRAM, SOLOMON CENTER FOR HEALTH LAW AND POLICY,
YALE LAW SCHOOL
Domestic workers have struggled for many years to raise labor standards and achieve
equality with other workers. Federal law excluded them from minimum wage and maximum
hour provisions, from occupational safety, and provisions in their legislation. They were also
excluded from discrimination protections. CT convened a Task Force on Domestic Workers
in 2015 which issued a strong set of recommendations for change in January 2016. By a
bipartisan vote, CT took an important step in including domestic workers in discrimination
protections. Through experiences of dealing with low income people, he has learned there is
not a population for whom the protection of law is more remote or accessible than domestic
workers. Even where rights exist on paper, such as minimum wage and overtime, the rights
are likely to be unknown and practically unenforceable. The DOL is not adequately staffed to
outreach this group. There are no more than 3 or 4 lawyers in the state who will take on such
a case. This bill takes a cautious, but critical step in solving the lack of knowledge among
employers as to what their rights and responsibilities are. It allocates resources to the DOL
to work with domestic worker organizations to educate their members about workplace rights.
Training employers and employees will have an impact on basic working conditions and
generate ideas on how to extend the rule of law and the standards established.
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BLACK AND BROWN UNITED IN ACTION
Domestic workers comprise a significant part of the global workforce in informal employment
and are the most vulnerable group of workers. These workers allow others to participate in
the workforce. During the pandemic, the need for paid time off has never been clearer as the
safety of domestic workers are threatened simply by going to work. It is a critical component
of the government's response to COVID. By guaranteeing paid sick days to everyone,
people will not have to sacrifice their financial security and well-being. They will be able to
take the time needed for testing and quarantines. They recommend removing the thresholds
and job classification list outlining existing law and require all employers, regardless of size or
industry, to provide up to 40 hours of paid sick time per year. The waiting period to accrue
and use paid sick leave from 680 hours immediately after commencement of employment
should be reduced. All types of family structures should be included, including spouses,
children of any age, grandparents, grandchildren, siblings, and any individual related to the
employee by blood or affinity who is the equivalent of family. Provide pandemic-related sick
leave as well as an additional 80 hours of COVID-19 specific leave. This should be used
when a worker's place of work or child's school/place of care is closed by public health
officials for a public health emergency and provide an additional 80 hours of paid sick time for
COVID-19 related purposes as long as there is a federal tax credit.
CAROL BLACKBURN, PCA, SEIU HEALTHCARE
As a PCA worker in Norwich, she urges passage of this bill in order to receive the respect
and benefits all caregivers deserve. She is caring for her mom, a retired registered nurse
who now requires assistance in every aspect of her life. This is the work of a professional
caregiver and yet they are not treated as such. This is a very physical job. Her income is not
just for her, but for her mother' needs as well. PCAs spend all day caring for others but are
not offered health insurance for when an emergency arises for them. They would be able to
deliver better care and focus completely on the people they they care for if there was not the
worry about their own well-being. This bill can help right this wrong.
LUCAS BLINN, PCA, SEIU HEALTHCARE,
SHOMIT SENGUPLA, SEIU HEALTHCARE, DISTRICT 1199 NE
They both submitted very similar testimony. They earn barely enough to live and support a
family or are able to save for retirement. If they must miss work, they lose an entire shift's
pay. Clients don't even need a reason if they want to cancel at the last minute. As DSS
providers, they are paid a higher hourly wage and is paid regularly by a payroll agent,
Sunset Shores. The testimony said other workers, paid by Allied Community Resources pay
their employees late. The workforce is comprised primarily by women of color. Two weeks
ago, Lucas Blinn took a rest in a civil disobedience in solidarity with everyone that was paid
late. An injury to one is an injury to all. Being paid on time is a privilege he doesn't take for
granted, but they dont have paid sick leave which forces workers to often go back to work
sooner than they should. They are asking to receive the basic human rights that are long
overdue: to be paid on time and be eligible for health insurance.
NICOLE BONOGIOVANNI, PCA, SEIU HEALTHCARE, SEIU 1199 NE
She is caregiver for 3 people and works 73 hours a week. Two of them are total care and do
not move at all, and the third is non-verbal. She cares for all their needs which takes a lot of
energy and the job is very intimate. Her clients are vulnerable and she cares for them with
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love, respect and mutual trust which they deserve. She makes too much to qualify for Husky,
but she can't afford to purchase insurance, and doesn't have any paid time off. All this
means is she can't afford to get sick. Last June, when she was having a hard time breathing,
she was taken to the hospital via ambulance and diagnosed as having a mild heart attack.
She was hospitalized for 3 days and lost 5 days of pay. She couldn't take off longer to fully
recuperate. She now has a bill of $23K that she can't pay. This is her annual salary. One
of her clients tested positive for COVID last week and after being tested, found she also had
the disease. She will be out of work for 14 days and is worried about the costs should she
have to be hospitalized. She is not the only one in this impossible situation. They need paid
sick days. They are for the most part vulnerable and all they ask is to be able to take care of
themselves should it become necessary.
LYNN CAMPBELL, EXECUTIVE DIRECTOR, ARCHDIOCESE OF HARTFORD, OFFICE
FOR CATHOLIC SOCIAL JUSTICE MINISTRY
Domestic workers have historically fallen in a work classification that has excluded them from
many worker rights. Removing the size threshold and job classification lists outlined in
existing law and requiring all employers no matter what size or industry to provide up to 40
hours of paid sick time would impact domestic workers positively. The pandemic has made
this even more critical than ever. The majority of domestic and essential workers are women
and people of color who are the least likely to have access to paid sick days as they continue
to work on the frontlines of the crisis. Workers quarantining or caring for a sick family
member were told there would be no job for them when they returned. We can and must do
better to protect our workers.
CARLA ESQUIVEL, MEMBER OF COMMUNITY, STAMFORD RESIDENT
Caretakers, nannies, house cleaners and home care workers do the work that make all
others work possible. They keep homes safe and clean, help raise and educate the next
generation and support the elderly and people with disabilities to live with dignity. Despite
this, they have been excluded from almost all labor rights. This resulted in widespread
poverty, wage theft and discrimination. The majority of workers and employers are unaware
of their rights and responsibilities under the U.S. DOL rules issued in 2013. This will create a
program where workers would be educated and assured that they would be earning the
wages they deserve.
EDITH CARAPIA, MEMBER, UNIDAD LATINA EN ACCION
She has worked for 10 years cleaning schools and offices. She was one of the first
cases of COVID-19 and experienced discrimination "as if she had leprosy", and to this day
has been laid off and unemployed. She was not entitled to sick days and fell into a gigantic
financial hold that she cannot escape. COVID weakened her so much she still has severe
anemia. Doctors warned her if she doesn't improve, it could be a path to leukemia. Had he
had the right to Paid Time Off, they never would have laid her off and today she could have
job security and better heath. This bill is important for the health of all. It is a matter of
human rights and life.
JOHN L. CATTELAN, EXECUTIVE DIRECTOR, CT ALLIANCE OF YMCAs
Although they are not against the bill, they have concerns regarding the timing of the
legislation because of the significant disruption YMCAs have faced during the pandemic.
This proposal could place a financial burden on nonprofit organizations. The YMCAs across
the state have incurred $30million in financial losses during the pandemic and had to close
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their facilities for 3 months and since then, only 30 of their members have returned. The
residential camps were not allowed to open this past summer, resulting in significant financial
loss. They had to limit the number of children allowed to attend child care programs while still
maintaining their staffing. Despite decreasing revenues, they had to invest in PPE and other
safety measures. Child development programs are already unaffordable and increasing cost
will make these programs more expensive and they will be forced to raise costs. They ask if
this legislation continues which will increase their cost, that reimbursements for child care
programs be increased at the same rate. Non-profit communities are struggling and now is
not the time to pass this legislation because of the financial impact it will have. They ask it to
be delayed until the state is fully recovered from the negative impact cause by the pandemic.
FATHER JOHN COONEY, PRIEST (RETIRED) NAUGATUCK VALLEY PROJECT
MEMBER, LITCHFIELD RESIDENT
Fr. Cooney's written testimony gave his thoughts about domestic workers and their
importance to the State. They are a vital and growing segment of the CT labor force.
Although they usually work in isolation, they are not w