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Summary of difference between federal and state regulations
The state of Connecticut requires that in the event of plant closings employer must pay for continuation of the employee’s group health insurance from the date of closure for up to 120 days or until those employees become eligible for other coverage.
Some plant closings or mass layoffs fall under the federal Worker Adjustment and Retraining Notification Act (WARN). Under WARN, employers are required to provide 60 days’ advance notice of covered plant closings and mass layoffs, notify the affected workers or their representatives, and the appropriate governmental units. See WARN for more information.
WARN does not preempt any other federal, state, or local law, or any employer/employee agreement that requires other notification or benefit. Rather, the rights provided by WARN supplement those provided by other federal, state, or local laws.
State
Contact
Connecticut Department of Labor Rapid Response Unit
Regulations
§ 31-51n. Definitions.
When used in this section and section 31-51o:
(1) "Covered establishment" means any industrial, commercial or business facility which employs, or has employed at any time in the preceding twelve-month period, one hundred or more persons;
(2) "Employer" means any person who directly or indirectly owns, operates or has a controlling interest in a covered establishment, excluding the state or any political subdivision thereof, or any agricultural enterprise or any construction enterprise;
(3) "Employee" means any individual engaged in service to an employer in a business of his employer;
(4) "Person" means one or more individuals, partnerships, associations, corporations, limited liability companies, business trusts, legal representatives or any organized group of persons;
(5) "Relocation" means the removal of all or substantially all of industrial or commercial operations in a covered establishment to a location outside the state of Connecticut;
(6) "Closing" means the permanent shutting down of all operations within a covered establishment, provided "closing" shall not include the reopening of a covered establishment within the state, covered establishments which close under the provisions of the Federal Bankruptcy Act, as amended (USC Title 11), or covered establishments shutting down operations due to natural disasters.
(a) Whenever a relocation or closing of a covered establishment occurs, the employer of the covered establishment shall pay in full for the continuation of existing group health insurance, no matter where the group policy was written, issued or delivered, for each affected employee and his dependents, if covered under the group policy, from the date of relocation or closing for a period of one hundred twenty days or until such time as the employee becomes eligible for other group coverage, whichever is the lesser, provided any right of such employee and his dependents to a continuation of coverage for up to seventy-eight or one hundred fifty-six weeks, as the case may be, as required by section 38a-538 or 38a-554 shall not be affected by the provisions of this section, and provided further the period of continued coverage required by said sections shall not commence until the period of continued coverage established by this section has terminated.
(b) The provisions of this section shall not apply to those employees who, upon the relocation or closing of a covered establishment, choose to continue their employment with the employer at the new location of the facility.
(c) Notwithstanding the provisions of this section, any contractual agreement arrived at through a collective bargaining process that contains provisions requiring the employer to pay for the continuation of existing group health insurance for his affected employees in the event of a relocation or closing of a covered establishment shall supersede the requirements of this section and, in the event of a conflict, the contractual provisions shall be deemed to be controlling.
http://search.cga.state.ct.us/
Federal
Contact
Regulations
Worker Adjustment and Retraining Notification Act (WARN):
29 USC §2101 et seq.; 20 CFR 639