Sec. 5-259d. Continuation of health insurance coverage and accrual and use of vacation and sick time, leave of absence and equivalent leave time for state employees called to active service in the arm
Sec. 5-259d. Continuation of health insurance coverage and accrual and use
of vacation and sick time, leave of absence and equivalent leave time for state
employees called to active service in the armed forces for specified military or
emergency operations or actions. (a) As used in this section, (1) "state employee" or
"employee" means any elected official, officer or full-time employee of the Executive,
Legislative or Judicial Department, and (2) "part pay" means the difference between
the state employee's base rate of pay, plus longevity, in the employee's primary position
on the date the employee is called to active service in the armed forces of any state or
the United States and the total compensation the employee receives for such active
service, as certified to the State Comptroller by the employing state agency in a manner
acceptable to the State Comptroller.
(b) Notwithstanding any provision of the general statutes or any public or special
act, the state shall continue to provide coverage, under a group hospitalization and medical and surgical insurance plan sponsored by the state under section 5-259, for the dependents of any state employee and the state employee who is a member of the armed forces
of any state or of any reserve component of the armed forces of the United States and
who has been called to active service in the armed forces of any state or the United
States for (1) Operation Enduring Freedom, (2) Operation Noble Eagle, (3) a related
emergency operation or a military operation whose mission was substantially changed
as a result of the attacks of September 11, 2001, (4) federal action or state action authorized by the Governor in support of the federal Department of Homeland Security's
Operation Liberty Shield, military operations that are authorized by the President of the
United States that entail military action against Iraq, or federal action or state action
authorized by the Governor to combat terrorism within the United States, or (5) federal
action or state action authorized by the Governor or the President of the United States
that entails service or military action as part of Operation Jump Start at the border of
the United States and Mexico, for the duration of such call-up to active service, provided
such state employee and dependents were covered by the insurance plan on the date the
state employee was called to active service and the state employee continues to pay any
amount that the employee was required to pay for coverage before being called to active
service. Any payment required to be made by the employee for coverage under this
subsection may be deducted from compensation provided under subsection (c) of this
section. The state shall reimburse any state employee who has paid premiums for the
continuation of any such group hospitalization and medical and surgical insurance plan
between the date such state employee was called to active service and November 20,
2001. The reimbursement shall be in the amount of the state's portion of the premiums
so paid.
(c) Notwithstanding any provision of the general statutes or any public or special
act, any state employee who is a member of the armed forces of any state or of any
reserve component of the armed forces of the United States and who has been called to
active service in the armed forces of any state or the United States for (1) Operation
Enduring Freedom, (2) Operation Noble Eagle, (3) a related emergency operation or a
military operation whose mission was substantially changed as a result of the attacks
of September 11, 2001, (4) federal action or state action authorized by the Governor in
support of the federal Department of Homeland Security's Operation Liberty Shield,
military operations that are authorized by the President of the United States that entail
military action against Iraq, or federal action or state action authorized by the Governor
to combat terrorism within the United States, or (5) federal action or state action authorized by the Governor or the President of the United States that entails service or military
action as part of Operation Jump Start at the border of the United States and Mexico,
shall continue to accrue all vacation time, equivalent leave time and sick time to which
the employee would be entitled if he or she had continued working in his or her state
position during the time of such active service, and shall be credited with such accrued
vacation time, equivalent leave time or sick time, except that if the accrual of such
vacation time, equivalent leave time or sick time pursuant to this subsection while on
active service would cause the employee to exceed any limit on leave time pursuant to
any provision of the general statutes, the regulations of Connecticut state agencies or a
collective bargaining agreement, the limit shall be temporarily waived to allow the
employee to use the excess leave time before the later of the following: (A) From the date
of the state employee's discharge from active service until the state employee returns to
state employment, (B) not later than one hundred twenty calendar days after the state
employee returns to state employment, (C) not later than one hundred twenty calendar
days after the state employee is credited with such excess leave time, or (D) for state
employees in teaching or professional positions in Unified School District #1 established
pursuant to section 18-99a within the Department of Correction who were credited with
equivalent leave time pursuant to this section, not later than one year after the employee
is credited with such excess leave time. The employee shall be entitled to a leave of
absence with pay as provided in section 27-33 from the date on which the employee
was called to active service. After the expiration of such leave of absence with pay, the
state employee shall receive part pay for the duration of such call-up to active service
if the compensation received by the state employee for such active service is less than
the employee's base rate of pay, plus longevity, in the employee's primary position.
The state employee shall not be required to exhaust accrued vacation time, equivalent
leave time or sick time in order to be eligible for the paid leave of absence and part pay
under this subsection. As used in this section, "equivalent leave time" means leave time
classified as other than vacation time or sick time and includes, but is not limited to,
leave time classified as recess rather than vacation time.
(d) No state employee shall be deemed ineligible for any benefit under this section
or under any other provision of this chapter solely because such employee's leave time
is classified as recess or other equivalent leave time rather than vacation time pursuant
to the provisions of a collective bargaining agreement, including a collective bargaining
agreement covering a state employee in a teaching, instructional or professional position
in the Unified School Districts 1, 2 or 3.
(Nov. 13 Sp. Sess. S.A. 01-1; P.A. 03-3, S. 3; P.A. 06-146, S. 1; P.A. 07-112, S. 1; P.A. 08-15, S. 1.)
History: Nov. 13 Sp. Sess. S.A. 01-1 effective November 20, 2001; P.A. 03-3 amended Subsecs. (b), authorizing the
continuation of health insurance, and (c), authorizing leave of absence with pay, by adding numeric Subdiv. indicators
before the existing references to Operation Enduring Freedom, Operation Noble Eagle, and related emergency operation
or a military operation, etc., and by adding new Subdiv. (4) that includes federal or state action in support of the federal
Department of Homeland Security's Operation Liberty Shield, military operations authorized by the President that entail
military action in Iraq, and federal or state action to combat terrorism within the United States, effective March 27, 2003;
P.A. 06-146 amended Subsec. (c) to require continuation of accrual of vacation and sick leave by state employees during
active service, effective June 6, 2006; P.A. 07-112 amended Subsecs. (b) and (c) to add Subdiv. (5) re Operation Jump
Start, amended Subsec. (c) re accrual and use of vacation time, equivalent leave time or sick time and to define "equivalent
leave time", and added Subsec. (d) re eligibility for benefits for those whose leave time is classified as recess or other
equivalent leave time under a collective bargaining agreement, effective June 11, 2007; P.A. 08-15 amended Subsec. (c)
by extending period to use excess leave time for state employees in teaching or professional positions in Unified School
District #1 within Department of Correction, effective April 29, 2008.