HR Hotline: Do Independent Contractors Qualify for FMLA or Paid Sick Leave?

Q: Do independent contracts qualify for Family Medical Leave Act protections or Connecticut paid sick leave?

A: Someone you refer to as an independent contractor may qualify for these protections, but first you need to figure out whether they are actually an independent contractor under the law in question.

Having an independent contractor agreement or receiving a 1099 instead of a W2 does not necessarily settle the question.

Worker classification depends on the actual working relationship and is defined by applicable law.

A true independent contractor would not receive Family and Medical Leave Act protections or Connecticut paid sick leave through a company that is simply hiring them to perform services.

If that worker is an employee, however, those protections may apply.

ABC Test

There is no single test that applies across every state and federal employment law.

Connecticut employers may be familiar with the ABC test.

The ABC test, as defined in Connecticut General Statute § 31-222, is a three-pronged test that defines that to be considered an independent contractor, a worker must:

• Be free from the company’s direction and control
• Perform services outside the company’s usual course of business or outside its places of business
• Be customarily engaged in an independently established business of the same nature as the services being performed.

That test is useful for understanding worker classification, but it does not automatically control every Connecticut employment statute.

Connecticut FMLA and paid sick leave have their own definitions, which is why employers need to look at the specific law involved.

Federal vs. State FMLA

At the federal level, FMLA incorporates the Fair Labor Standards Act’s broad concept of employment.

Federal law looks at the actual relationship to determine whether someone is an employee or genuinely running an independent business.

The practical point is simple: classification is based on substance, not just paperwork.

Connecticut FMLA defines an employee broadly as someone engaged in service to an employer in Connecticut in the employer’s business and applies for most private employers with one or more employees.

An employee becomes eligible after being employed by the employer for at least three consecutive months immediately before requesting leave.

An employee becomes eligible after being employed by the employer for at least three consecutive months.

So, if the individual is an employee and otherwise eligible, Connecticut FMLA may apply. If they are truly an independent contractor, it would not.

Federal FMLA has a much higher coverage threshold.

A private employer must have 50 or more employees, and the qualifying employee must have worked for the employer for at least 12 months, completed at least 1,250 hours of service during the previous 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

A true independent contractor is not eligible for federal FMLA through the company hiring them.

Connecticut paid sick leave also protects employees rather than true independent contractors.

As of Jan. 1, 2026, the law applies to employers with 11 or more employees in Connecticut, with the threshold dropping to one or more employees from Jan. 1, 2027.

It’s Not Always Cut and Dry

Let’s talk about real estate licensees as an example. Real estate licensees illustrate why classification can get confusing.

Connecticut General Statute § 20-312b specifically excludes qualifying real estate licensees from being considered employees for purposes of the Workers’ Compensation Act, provided the statutory requirements are met.

However, the statute is limited to workers’ compensation and does not automatically make every real estate licensee an independent contractor for every Connecticut employment law.

There is no comparable exclusion for real estate licensees under Connecticut FMLA or paid sick leave.

There is no comparable exclusion for real estate licensees under Connecticut FMLA or paid sick leave.

We sought clarification from the Connecticut Department of Labor on this specific issue, and DOL confirmed that because those laws do not have the same exclusion, Connecticut FMLA and paid sick leave cover real estate licensees if all other applicable requirements are met.

That does not mean every real estate licensee automatically qualifies.

If the licensee is truly an independent contractor for purposes of the law at issue, they would not receive employee leave protections through the brokerage.

But, if the licensee is an employee, having a real estate license does not exclude them from Connecticut FMLA or paid sick leave.

Let’s Assume They Really Are Self Employed …

There is one other Connecticut program worth distinguishing: Connecticut Paid Leave.

Connecticut FMLA provides job protected leave. Connecticut paid sick leave provides paid sick time through a covered employer and income replacement benefits for qualifying leave.

A qualifying self-employed individual or sole proprietor may voluntarily enroll in the Connecticut Paid Leave program.

A qualifying self-employed individual or sole proprietor may voluntarily enroll in the Connecticut Paid Leave program and potentially receive benefits based on their self-employment income.

That does not give the individual FMLA rights against a company that is simply their client.

It is a separate way for self-employed individuals to take part in Connecticut’s paid leave system.

The Bottom Line

Before deciding that someone does not qualify for FMLA or Connecticut paid sick leave because they are an independent contractor, make sure the classification actually holds up under the law you are applying and look at how the relationship works in practice not just what the contract says.

A 1099 does not necessarily tell you whether an independent contractor was classified correctly or what protections apply.

And remember that all employment laws do not necessarily answer the classification question in the same way.

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HR problems or issues? Email or call CBIA’s Diane Mokriski or Delmarina López at the HR Hotline (860.244.1900). The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your specific situation.