HR Hotline: How Does Paid Sick Leave Impact Our Paid Holiday Policy?

12.18.2024
HR & Safety

Q:  My company has a long-standing policy regarding eligibility for holiday pay. To qualify for a paid holiday, an employee must do one of the following on both the day before and the day after the holiday: (1) work as usual; (2) take an approved paid vacation day; or (3) take a sick day and provide a doctor’s note for both days.

Does this policy comply with Connecticut’s new paid sick leave law?

A: No, the policy you’ve outlined does not comply with the amended law that takes effect Jan. 1, 2025. The Connecticut Department of Labor has taken the position that an employer may not require doctor’s notes for the first 40 hours of paid sick leave, even if the purpose of the note is to substantiate eligibility for holiday pay, and not sick pay. 

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One of the major changes to the state’s paid sick leave law is the addition of the following: “No employer shall require an employee to provide any documentation that such leave is being taken for one of the purposes permitted under [the law].”

This prohibition means that employers may not require their workers to provide doctor’s notes to substantiate their need for a sick day. And because employees don’t anticipate needing a doctor’s note, they may choose not to visit a healthcare provider. 

As a result, DOL reasons it would violate the law to penalize an employee for not having a note, whether to substantiate the need for the sick day, or to substantiate their eligibility for a paid holiday.

Paid Holiday Policy

When it comes to paid holidays, employers should be aware of one general rule: treat similarly-situated employees equally. 

In other words, treat all employees on paid absences the same, and treat all employees on unpaid absences the same.

The following three paid holiday policies comply with the new paid sick leave law:

  1. Employees will receive holiday pay if they are absent from work on the day before and/or the day after the holiday, but only if the employee receives income from the employer on those absent days. Income can be in the form of earned paid vacation or paid sick leave.
  2. Employees will not receive holiday pay if they are absent from work on the day before and/or the day after the holiday, and do not receive income from the employer on those absent days. Lack of income could be because the employee is on FMLA leave, or has exhausted his or her PTO allowance.
  3. Employees will only be eligible for holiday pay if they work on the day before and after the holiday. No exceptions.

For those employers who provide more than 40 hours of paid leave that comply with the law’s requirements, their policies may require that employees submit doctor’s notes for any sick time taken over and above the first 40 hours.


HR problems or issues? Email or call CBIA’s Diane Mokriski 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.

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