Connecticut

Connecticut - Compensation & Benefit Legislation

CONNECTICUT - AASHOWME

Demonstrates www.BenefitsReview.com™. Illustrates insurance carriers' coverages within the State.

CONNECTICUT - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

Mandatory coverage of birth of adopted children is included in state's newborn health care mandate.

Preventive care for children: to age 6.

(Connecticut Rev. Stat. Sections 38a-515, 38a-516, 38a-535, 38a-536, 38a-549, P.A. 96-177)

CONNECTICUT - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

Minimum yearly inpatient coverage: 45 days.

Minimum yearly outpatient coverage: No statutory requirements

Minimum lifetime coverage: No statutory coverage. (Connecticut Gen. Stat. Ann. Sections 38a-533,38a-539)

CONNECTICUT - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: For state Unemployment Insurance purposes, the total amount of employees' salary reductions and any cash that the employee has the option to receive (whether or not the employee chooses the cash option) must be treated as wages. Employer contributions are taxable.

CONNECTICUT - CONTINUATION OF COVERAGE CONVERSIONS

Events Triggering Continuation of Coverage:

Death: Yes. (156 weeks minimum continuation of coverage for surviving spouse and dependents.)

Job Termination: Yes. (104 weeks minimum continuation of coverage.)

Reduction of Hours: No.

Divorce or Legal Separation: Yes. (156 weeks minimum continuation of coverage.)

Medicare Eligibility: No.

Other Provisions: Insured's coverage terminated for any other reason.

Early Termination of Continuation of Coverage: Becoming eligible for similar health coverage under another group policy. (Connecticut Gen. Stat. Ann. Section 38a-538. Amendment changing terminated employee coverage from 78 to 104 weeks was preempted by ERISA. Op. Attorney General No. 93-005)

CONNECTICUT - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits (effective April 1, 1988). Based on 1985 National Association of Insurance Commissioner Rules model. (Connecticut Admin. Code tit. 38a Sections 38-480-1 to 38-480-7)

CONNECTICUT - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

CONNECTICUT - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

Who is Covered by Statute: All employers, current and former employees, and applicants, but not the state or its political divisions.

Applicant Testing: Applicant testing is allowed only if one (1) prospective employee is informed in writing, (2) test is conducted in accordance with stated methodology, and (3) prospective employee is given a copy of any positive test result.

Employee Testing: Employee testing is allowed if reasonable suspicion exists. Random testing of persons in safety-sensitive positions, as defined by Department of Labor, is allowed. Testing must be done in conjunction with employee participation in EAP.

How Test Results are Used: Test results may be used to screen out drug-using applicants or to discharge or discipline employees.

Enforcement of Statutes: Enforcement is by private civil action and state action.

Employee Remedies: Employees may seek attorneys' fees and court costs, damages, and injunctive relief.

Employer Penalties: None.

Who Pays for Testing: State has no statutory requirements.

Employee Assistance Benefits: State has no statutory requirements.

Other Requirements: Statute addresses urinalysis only; it does not include other drug-testing methods. Drug test results must be filed with medical records, subject to disclosure under separate statute. Pre-employment drug test is required of all school bus operators.

(Connecticut Gen. Stat. Ann. Sections 14-276a(d), 31-51t-31-51z..)

CONNECTICUT - GROUP HEALTH CODE ADDITIONS (MANDATED)

Adopted Children: Every group health insurance policy shall provide coverage for children legally placed for adoption with a plan participant even if the adoption has not been finalized. (Connecticut Gen. Stat. Section 38a-5 49.)

Alcoholism Treatment: Group policies providing coverage on an expense incurred basis must cover expenses connected with confinement for treatment of alcohol or its complications, up to at least 45 days of inpatient treatment. (Connecticut Gen. Stat. Section 38a-533.) Insurers must offer groups coverage for outpatient treatment. (Connecticut Gen. Stat. Section 38a-539.)

Ambulances: Policies must cover emergency ambulance services up to $500 per service. (Connecticut Gen. Stat. Section 38a-525.)

Coverage Continuation and Conversion: Group policies must provide continuation rights and subsequent conversion rights to persons becoming ineligible for participation for any reason, including death or dissolution of marriage. (Connecticut Gen. Stat. Section 38a-538.)

Dental Benefits: Group plans with 25 or more employees that restrict access to a single provider or a limited number of providers, shall offer each employee or eligible dependent the option of selecting alternative coverage when the plan is offered to or renewed for any such person. (Connecticut Gen. Stat. Section 38a-545.)

Drug Abuse Treatment: Policies must cover the cost of emergency medical care arising from accidental ingestion or consumption of a controlled drug of up to 30 days inpatient care and up to $500 per year for expenses incurred on other than an inpatient basis. (Connecticut Gen. Stat. Section 38a-518.)

Contraceptive Coverage: Any individual or group insurance policy which covers prescription drugs must cover prescription contraceptive methods approved by the Food and Drug Administration. (New section added by Act 79, eff. 10/1/99)

However, an insurer may issue to a religious employer a policy which excludes coverage for prescriptive contraceptive methods which are contrary to the religious employer's bona fide religious tenets. (New section added by Act 79, eff. 10/1/99)

Emergency Treatment: Individuals who may be confronted with life or limb threatening situations must not be required to obtain approval for treatment from an insurer or health care center prior to calling for emergency medical assistance. (H5583, 1996) (Connecticut Gen. Stat. Section 38a-469).

Handicapped Dependents: Coverage for dependent children cannot be terminated while a child is incapable of employment due to mental retardation or physical handicap and chiefly dependent on the insured. (Connecticut Gen. Stat. Section 38a-515.)

Health Maintenance Organizations: Female HMO patients must have direct access to participating obstetrician-gynecologists for gynecological examinations or care related to pregnancy, and for primary and preventive obstetric and gynecologic care. (H5046, 1995) (Connecticut Gen. Stat. Section 38a-469.)

Hypodermic Needles and Syringes: Group health insurance policies must provide coverage for hypodermic needles and syringes prescribed by a licensed practitioner for the purpose of administering medications for conditions covered under a policy. (Connecticut Gen. Stat. Section 38a-518a.)

Infertility Treatment: Group policies shall offer coverage for medically necessary expenses for the diagnosis and treatment of infertility, including in vitro fertilization. (Connecticut Gen. Stat. Section 38a-536.)

Leukemia: Individual medical expense policies must cover costs of leukemia treatment of at least $500 per year for surgical removal of tumors, $500 per year for reconstructive surgery, $500 per year for outpatient chemotherapy, and $200 per year for prostheses. Group policies that cover the surgical removal of tumors also must include such coverage. (Connecticut Gen. Stat. Section 38a-542.)

Mammography Screening: Group health insurance policies shall provide benefits for mammographic examinations as follows: A baseline mammogram for any woman between the ages of 35 and 39; once every two years for women between the ages of 40 and 49 years of age --more often if recommended by their doctor; and every year for those 50 years or older. (Connecticut Gen. Stat. Section 38a-530.)

Mental Health: Group policies must cover the costs of at least 60 days per year of inpatient treatment and 120 sessions per year of partial hospitalization (not less than four and not more than 12 hours per day, which may be exchanged as described for inpatient treatment). Other than inpatient benefits, deductible of 50 percent applies and a benefit limit of $1,000 per year. (Connecticut Gen. Stat. Section 38a-514.) Insurers must offer group policyholders coverage of up to $2,000 per year for expenses incurred other than on an inpatient basis. (Connecticut Gen. Stat. Section 38a-514(c).)

Newborns: Policies providing family coverage must provide benefits for newborns from the moment of birth for injury or sickness, including treatment of medically diagnosed congenital defects and birth abnormalities. (Connecticut Gen. Stat. Section 38a-516.)

Occupational Therapy: Policies that cover expenses for physical therapy also must cover expenses for occupational therapy. (Connecticut Gen. Stat. Section 38a-524.)

Pediatric Care: Group policies must provide preventive pediatric care for covered children every two months from birth to six months of age, every three months from nine to 18 months, and annually from two to six years of age. Such care includes a medical history, complete physical examinations, developmental assessment, anticipatory guidance, appropriate immunizations, and laboratory tests. (Connecticut Gen. Stat. Section 38a-535.)

Prescription Drug Coverage: Group plans that provide prescription drug benefits cannot require participants to obtain prescription drugs from a mail order pharmacy as a condition of obtaining drug benefits. (Connecticut Gen. Stat, Section 38a-544.)

CONNECTICUT - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

Eligibility Criteria: 2 - 50 employees. The majority of the employees must be employed within the state.

Restrictions on premiums: Yes. Restrictions on cancellation: Yes.

Pre-existing Conditions: Provision may not exclude coverage more than 12 months following the effective date of coverage.

Other: Minimum inpatient coverage shall be established by the board of directors of the small employer health insurance pool.

(Connecticut Gen. Stat. Ann. Sections 38A-564, 38A-565, 38A-567, 38A-568)

CONNECTICUT - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: No.

Percent of employees who must elect coverage (if employees pay part of premium): No statutory requirements.

Percent of employees who must be covered if employer pays all of premium: No statutory requirements.

Minimum number of employees in group plan: No statutory requirements.

Employer prohibited as beneficiary: No.

Grace period (days): No statutory requirements.

Mandatory conversion: No.

Other provisions: None.

CONNECTICUT - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Lincoln's Birthday, Columbus Day (or 2nd Monday in October). Other: Any day appointed or recommended by the Governor or President. If any holiday falls on Sunday, following Monday is a holiday; if holiday falls on Saturday, preceding Friday is holiday; if a December or January holiday falls on a school day, there will be no school on that day. (Connecticut Gen. Stat. Ann. Section 1-4)

CONNECTICUT - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

CONNECTICUT - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes.

Remedies and Penalties: Violator is guilty of criminal contempt, punishable by a fine of not more than $500, or imprisonment for not more than 30 days, or both. Employee can bring civil action within 90 days of discharge for lost wages, reinstatement and reasonable attorney fees.

Other Requirements: Full time employees are entitled to paid leave for the first 5 days of jury service. (Connecticut Gen. Stat. Ann. Sections 51-247, 51-247a.)

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: Yes, if in response to a legal subpoena.

Other Requirements: None reported. (Connecticut Gen. Stat. Ann. Sections 54-85b, 54-203(b)(7)(G))

CONNECTICUT - LEAVES OF ABSENCE

Employers Subject to Leave Laws: Employers with 75 or more employees.

Criteria for Eligibility: Public employee must have permanent status; private sector employee must have at least 1 year of service and 1,000 hours of work.

Maximum length of leave: 24 weeks in a two year period for public employees; 16 weeks in a 2 year period for private sector employees.

Paid Leave: State does not require paid leave.

Acceptable Reasons for Leave: Birth/adoption of a child; illness of employee, child, parent, or spouse.

Employment Guarantees After Leave: Entitled to reinstatement in the position held prior to leave or equivalent position (private sector employee), unless employee is disabled (public employee).

Use of Vacation or other Time-off Benefits: Leave benefits are reduced (private sector employee) when other benefits cover the same conditions as family leave.

Certification Required: If leave is taken to care for an ill child, parent, or spouse, or for employee illness, employer must require certification of the illness.

Effect Of Leave on Other Benefits: Fringe benefits accrued prior to leave are restored at the end of leave.

Effect of Seniority Accrual During Leave: Seniority benefits do not accrue while on leave.

Minimum Requirements for Notification to Employer: At least 2 weeks notice is required for medical leave, if possible; reasonable notice of birth or adoption is required; 2 weeks notice of expected date of return to work is required.

Conditions for Denial of a Request For Leave: When husband and wife are working for same employer, leave may not exceed the total length of leave for a single eligible person in any 2 year period (except to care for a sick child.) (Connecticut Gen Stat. Ann. Sections 5-248a, 5-248b, 31-51cc - 31-51-ff, 46a - 60.)

See U.S. Federal Family and Medical Leave Act

CONNECTICUT - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

CONNECTICUT - MANDATED PROVIDERS

Optometrists, chiropractors, dentists, psychologists, social workers, nurse practitioners or midwives. Mandatory coverage for mental health clinical nurse specialists, marriage and family therapists, and audiologists. Direct Access to an obstetrician/gynecologists is mandatory. (Connecticut Gen. Stat. Ann. Sections 20-138d, 38a-514, 38a-517, 38a-526, 38a-534)

CONNECTICUT - MENTAL HEALTH CARE

Mandated coverage.

Minimum yearly inpatient coverage: 60 days inpatient or 120 days partial hospitalization (2 days partial equal 1 day inpatient).

Minimum outpatient coverage: 50% coverage up to $2,000, additional coverage must be offered policyholder as option.

Minimum lifetime coverage: No less than lifetime maximum for physical illness.

(Connecticut Gen. Stat. Ann. Section 38a-514, 38a-514a)

CONNECTICUT - MINIMUM WAGE

$6.70 per hour (effective January 1, 2002).

Exemptions: Certain professionals, certain domestics, certain outside sales, and certain apprentices (sub-minimum wage at 85%). Handicapped in special environments may be exempt by special license. (Connecticut Gen. Stat. Ann. Sections. 31-58-, 31-60, 31-62, 31-67)

See U.S. Minimum Wage

CONNECTICUT - NEW HIRE REPORTING

Who is required to report: All employers.

Who must be reported: All new employees and rehires.

Exempt from reporting: No exemptions.

Form(s) to file: CT-W4 Income Tax Withholding for or Exemption Certificate.

Filing deadline: Within 20 days of hire.

Employer information to be included: Name, address, and tax registration number.

Employee information to be included: Name, address and federal EIN.

Penalty for failure to report: N/A.

(Connecticut General Stat. Ann. Section 31-2c)

CONNECTICUT - NEWBORN CARE MANDATE

Mandated coverage.

Preventive care for children: to age 6. (Connecticut Rev. Stat. Sections 38a-515, 38a-516, 38a-535, 38a-536, 38a-549, P.A. 96-177)

CONNECTICUT - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act

CONNECTICUT - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, pre-existing condition provision may not exclude coverage more than 12 months following effective date of coverage. (Connecticut Gen. Stat. Ann. Sections 38A-564, 38A-565, 38A-567, 38A-568)

See U.S. Federal Health Insurance Portability & Accountability Act

CONNECTICUT - PROTECTED CLASSIFICATIONS

Age: Yes.

Race: Yes.

Color: Yes.

National Origin: Yes.

Ancestry: Yes.

Religion: Yes.

Sex: Yes.

Pregnancy: Yes.

Sexual Harassment: Yes. Statute prohibits inquiry into childbearing age or plans, pregnancy reproductive capability; use of birth control, and familial responsibilities.

(Conn. Gen. Stat. Ann. Sections 46a-51, 46a-60.)

CONNECTICUT - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

CONNECTICUT - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

CONNECTICUT - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Next business day.

Date due if employee resigns: Payday.

Wages: Yes.

Vacation Pay: No.

Holiday: No.

Sick leave: No.

Severance: No. (Connecticut Gen. Stat. Ann. Section 31-71C. See Bridgeport, No. 23-14-33, 1990. WL 269251 (Connecticut Superior Court July 12, 1990). Also see Fulco v. Norwich Roman Catholic Diocese No. 51-40-40, 1991 WL 84035 (Connecticut Superior Court May 3, 1991)

CONNECTICUT - UNEMPLOYMENT TAX

Employer Contributions:

Tax Rate (%):

Standard: 5.4
Maximum: 6.9
Minimum: 2.0

Voluntary Contribution Provision: No. State reports no statutory requirements.

(Connecticut Gen. Stat. Ann. Sections 31-222, 31-225, 31-225a, 31-254).

CONNECTICUT - VACATION PAY

State reports no statutory requirements.

CONNECTICUT - VOTING TIME OFF

State reports no statutory requirements.

CONNECTICUT - WORKERS' COMPENSATION

Private Employers: Mandatory as to all employments. Corporate officers may reject coverage. Elective as to sole proprietors or partners. (Note: Non-members of a civil preparedness force and volunteer firefighters, who are requested by a municipality to aid in an emergency situation, are covered under the workers' compensation laws of the municipality where the injury occurs and under the laws where their company is located.)

Public Employers: Mandatory as to all state, public corporations, and members of General Assembly. Municipalities may elect coverage of elected and appointed officials, police and firefighters.

Exceptions: Casual employees, outworkers (Note: Outworker is person to whom articles are given for cleaning, repairing, etc., at home.), domestics employed less than 26 hours weekly, officers of fraternal organizations paid less than $100 per year.

Special Coverage Provisions: voluntary as to excluded employments.

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)