Connecticut Paid Sick Leave Law Updates
The following article was provided by Berchem Moses PC. It is reposted here with permission.
On May 6, 2024, the Connecticut legislature revised the state’s paid sick leave statute.
Over the next three years, the statute will expand to cover nearly every private sector employer and employee in the state.
Gov. Ned Lamont signed the legislation into law May 23. It will officially be rolled out Jan. 1, 2025.
Here are the top takeaways.
The expanded law will apply to ‘almost’ ALL employees.
The current sick leave statute applies only to “service workers,” defined by a lengthy list of occupations identified in the U.S. Bureau of Labor Statistics’ Standard Occupational Classification.
The expanded law will apply to all private sector employees, except seasonal employees working 120 or fewer days.
The calculation for when employees may use accrued sick time changed.
As the law currently stands, service workers may not use accrued sick time until they have worked 680 hours.
Under the expanded statute, employees may use accrued sick time on and after 120 days of employment.
Over the next three years, the employee threshold will be reduced annually.
Under the new law, the covered employer size will be reduced over the next three years. The schedule is as follows:
- On and after Jan. 1, 2025: Employers with 25 or more employees
- On and after Jan. 1, 2026: Employers with 11 or more employees
- On and after Jan. 1, 2027: Employers with at least one employee
“Employer” is defined as “any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, or other entity.”
Please note that there are some special exemptions.
For example, employers that participate in a multiemployer health plan maintained pursuant to a collective bargaining agreement between a construction-related union employer and a self-employed individual.
The notice and tracking requirements have changed for employers and employees.
The expanded statute does not require employees to provide foreseeable notice or documentation prior to taking leave for a statutorily permitted purpose.
For employers, their obligation to provide notice to employees increased.
The expanded statute does not require employees to provide foreseeable notice or documentation prior to taking leave.
Effective Jan. 1, 2025, each employer shall (1) display a poster in a conspicuous place, accessible to employees, at the employer’s place of business that contains the information required by this section in both English and Spanish and (2) provide written notice not later than Jan. 1, 2025, or at the time of hire, whichever is later.
Model notice posters will be available on the Connecticut Department of Labor’s website.
The paid sick leave accrual rate will be accelerated.
The maximum accrual of 40 hours will remain in effect; however, paid sick leave shall accrue at a rate of one hour for each 30 hours worked by an employee instead of 40.
It is within the employer’s discretion to provide its employees with a greater amount of paid sick leave or provide paid sick leave at a faster rate than required by statute.
There is a carryover alternative.
The carryover component of the statute (up to 40 hours from the current year to the following year) remains intact.
However, in lieu of any carryover of unused paid sick leave from the current year to the following year, an employer may provide an employee with an amount of paid sick leave that meets or exceeds the requirements of the statute and is available for the employee’s immediate use at the beginning of the following year.
The new law expands the permitted reasons for employees to take sick leave.
Effective Jan. 1, 2025, the use of sick time will include the needs of “family members,” defined as spouses, siblings, children, grandparents, grandchildren, and parents, as well as individuals who are “related to the employee by blood or affinity whose close association to the employee shows to be equivalent to those family relationships.”
Moreover, an employee may now use sick time for the following reasons (each of these reasons extends to the employee’s “family members,” as defined above):
- (1) illness, injury, and health condition;
- (2) medical diagnosis, care or treatment of a mental or physical illness, injury or health condition;
- (3) preventative medical care for mental or physical health;
- (4) a mental health wellness day (employee only);
- (5) closure by order of a public official, due to a public health emergency, or either (A) an employer’s place of business, or (B) a family member’s school or place of care;
- (5) an order from a healthcare provider to quarantine due to communicable disease; and
- (6) they are the victim of family violence or sexual assault, provided they are not the alleged perpetrator.
About the author: Jordan Vazzano is an associate at Berchem Moses PC. His practice focuses primarily on labor and employment law.
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Our company give 4 weeks short term disability (24 hours per week) Do we still have to implement paid sick leave
on top of our policy?
The eligibility rules for your short term disability plan are likely different from the eligibility rules for the paid sick leave law, and as a result, your disability plan may not adequately cover your employees. For example, the paid sick leave law allows for paid days off in order to care for a sick family member. Your disability plan likely does not. If you implement a company policy that gives at least the same protection as the paid sick leave law, you will then be in compliance. If you’re a CBIA member, don’t hesitate to call the HR Hotline so we can discuss the specifics of how to accomplish this.